The Human Baseline: AI Displaceme...
The Human Baseline: AI Displacement and the Silent Recalibration of Legal Doctrine
CLEs You Actually Want to Hear by Beverly Hills Bar Association
S2 · E280
Sep 24, 2026
01:10:43
Episode notes
Federal doctrine across copyright, institutional free speech, and Title VII embeds human-scale predicates, Human Creativity, Observational Capacity, and Attributable Agency, that operate as invisible structural conditions the law never had to name. When AI displaces them, enacted doctrine loses coherence without a word of the statute changing. Jim Ko, Founder of the AI Rights Project, terms this silent recalibration and presents the Human Baseline framework as the interpretive discipline required to address it. The framework surfaces across three doctrinal areas: Copyright: Machine-scale ingestion of billions of works is treated as equivalent to human reading, without examining whether the Human Creativity predicate survives. Institutional free speech: Platforms claim First Amendment editorial discretion for algorithmic curation while simultaneou ... 
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BHBA
MCLE
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