Strict liability is the correct framework because these "mitigations" are inherently a scam. Musk knows they don't work and he has no interest in them working. He wants to advertise "spicy mode" (wink, wink) to customers paying for NCII while pointing the gov to "guardrails" made of damp cardboard.
Hypervisible“The lawsuit filed Monday in federal court on behalf of xAI against Minnesota Attorney General Keith Ellison argues that the statute ‘imposes an overbroad, content-based ban on free speech and the tools of visual expression.’”