Policymaking requires to carefully weigh up the pros and cons,
at all
levels (
human, social, financial, industrial,...), the risks
at stake, either those related to the issue to be treat, or those inherent to the actions that are promoted to treat that issue... Because sometimes remedies are even worse than the illness they are supposed to cure!
However, my test is designed to allow courts flexibility in reconsidering the expressive interests
at stake in a potential case where a machine displays a
level of choice or volition more akin to that of a
human.