LLM weights are not protected speech.
The truth is no one knows, which is why it is first amendment ramifications. Eventually it will be “decided”, but the arguments indicate any decision will be of political desire, not logic, either way. Both sides have a strong case.
Generally, instructions to create something are speech, weights could pretty clearly be seen as instructions to create a chatbot.
All I am saying is that it is complicated, they could go either way with it.