The AI Moratorium is Unconstitutional
Constitutional Concerns Surrounding the AI Moratorium in the Senate Budget Reconciliation Bill Introduction The rapid proliferation of artificial intelligence (AI) technologies has introduced novel challenges to child safety online, particularly through AI-generated content like deepfake pornography and harmful chatbot interactions. States have historically played a critical role in regulating content to protect minors, as affirmed by the Supreme Court’s decision in Free Speech Coalition, Inc. v. Paxton (606 U.S. (2025)), which upheld Texas’s H.B. 1181, a law requiring age verification for websites hosting content deemed obscene for minors. However, a proposed 10-year moratorium on state AI laws, embedded in the U.S.…
