Analysis

On March 5, 2026 the court issued its order in x.AI v. Bonta, denying x.AI a preliminary injunction. x.AI asked the court to stay enforcement of the requirement in AB 2013, entitled “Artificial Intelligence Training Data Transparency,” that requires developers of “a generative artificial intelligence system or service” that is “publicly available to Californians for use” to “post on the developer’s internet website documentation regarding the data used by the developer to train the generative artificial intelligence system or service.

In 2025, lawmakers across all 50 states introduced over 1,200 AI-related bills, with 145 enacted into law. According to the National Conference of State Legislatures, 38 states adopted AI-related measures in 2025. These laws represent the primary regulatory framework for AI in the United States, as Congress has not passed comprehensive federal AI legislation. Some, or many, of these laws may be flawed, particularly on First Amendment grounds, since AI produces content that can be considered speech.