America’s coming war over AI regulation

With Americans increasingly anxious about how AI could harm mental health, jobs, and the environment, public demand for regulation is growing. If Congress stays paralyzed, states will be the only ones acting to keep the AI industry in check. In 2025, state legislators introduced more than 1,000 AI bills, and nearly 40 states enacted over 100 laws, according to the National Conference of State Legislatures.

Efforts to protect children from chatbots may inspire rare consensus. On January 7, Google and Character Technologies, a startup behind the companion chatbot Character.AI, settled several lawsuits with families of teenagers who killed themselves after interacting with the bot. Just a day later, the Kentucky attorney general sued Character Technologies, alleging that the chatbots drove children to suicide and other forms of self-harm. OpenAI and Meta face a barrage of similar suits. Expect more to pile up this year. Without AI laws on the books, it remains to be seen how product liability laws and free speech doctrines apply to these novel dangers. “It’s an open question what the courts will do,” says Grimmelmann.

While litigation brews, states will move to pass child safety laws, which are exempt from Trump’s proposed ban on state AI laws. On January 9, OpenAI inked a deal with a former foe, the child-safety advocacy group Common Sense Media, to back a ballot initiative in California called the Parents & Kids Safe AI Act, setting guardrails around how chatbots interact with children. The measure proposes requiring AI companies to verify users’ age, offer parental controls, and undergo independent child-safety audits. If passed, it could be a blueprint for states across the country seeking to crack down on chatbots.