AI is not an expressive technology in the abstract. Constitutional rights attach to the people who create and use AI, including the developers who write and train it, the companies that deploy it, the users who prompt it, and the audiences who interpret its outputs. The question…
California's AB 1064, now on the Gov's desk, illustrates how a First Amendment problem can be framed as a child safety concern. By forbidding a chatbot from “validating” beliefs, the government will be effectively deciding what speech may be expressed and what must be withheld.…
Similar to encryption, AI is built on expressive artifacts (model weights, prompts, and outputs). Regulating them like weapons ignores their expressive dimension. AI is fundamentally a tool of expression. Policymakers should no more treat chat room hosts as arms dealers than…
@chriswithans And, in case you're interested, here's the model legislation we've been pushing in Congress since before Trump was re-elected president:
thefire.org/news/governmen…
These Michigan AI bills are vague and over broad. HB 4668 imports concepts from other AI and social media regulation efforts, like compelled speech mandates, that are unlikely to withstand judicial scrutiny if challenged. mackinac.org/blog/2025/ai-b…
Because AI is a general purpose technology, states may find that many concerns about deployment are already addressed by existing laws, including common law doctrines such as fraud, negligence, contracts, consumer protection, and property rights. By contrast, attempts to regulate…
I'm testifying this morning at 10am ET in the House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet at a hearing on "AI at a Crossroads: A Nationwide Strategy or Californication?"
Link & testimony can be found below. Tune in!
GAO surveyed 11 agencies about their AI use. One issue found is that privacy rules restrict AI info-sharing among agencies. But limits on info-sharing protect us. A single government AI system could centralize censorship. gao.gov/assets/gao-25-…
Earlier this month, the Colorado legislature delayed the effective date of its AI law from February 1, 2026, to June 30, 2026. leg.colorado.gov/sites/default/…
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