Overzealous AI regulation is a danger to free speech

The dawn of the AI era has sparked a wide range of reactions, from exhilaration over the technology’s capabilities to deep distress.

Such responses to a new communicative tool are nothing new, and indeed, AI presents new and unique challenges that will require deep thought and sensitivity.

But a heavy-handed congressional response that erodes long-standing American freedoms isn’t the answer. The Senate Judiciary Committee’s passage last week of SB 3062, the GUARD Act, shows the substantial risk that Congress’ “do something” energy poses to free speech.

Restrictions violate the First Amendment by regulating the protected editorial decisions of developers and by infringing on individuals’ rights to create and receive lawful expression.

The bill regulates AI chatbots — especially so-called “AI companion” systems — through access limits, design mandates, and