AFPI Releases New Report on AI Chatbot Regulation and the First Amendment

Washington, DC — The America First Policy Institute (AFPI) today released a new expert insight examining how the First Amendment applies to AI chatbots and emerging AI technologies.

The report explains why AI chatbots function as interactive services that respond to individual users and should not be considered “modern public squares.” The individual nature of their usage opens the door to commonsense regulations, especially when it comes to protecting children.

Drawing on Supreme Court precedent, the analysis concludes that legislatures have a strong constitutional basis to implement basic child-safety measures such as age verification, parental controls, and transparency requirements for generative AI systems.

The report reinforces an America First approach to AI: promoting American dominance and continued innovation while also ensuring responsible development and use of emerging technologies.

“The law doesn’t have to choose between innovation and safety,” said Joel Thayer, AFPI Senior Fellow for AI and Technology Policy. “Because AI chatbots are interactive and personalized, not public square platforms, lawmakers can pursue commonsense, content-neutral measures like age verification, parental controls, and transparency requirements to protect children without violating the First Amendment.”

This product is the latest in AFPI’s efforts to promote responsible, effective, and transparent AI policies that ensure American global leadership without compromising national or community safety.

Read the full expert insight here.