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.
xAI v. Weiser is a challenge to Colorado's law requiring that AI systems avoid "algorithmic discrimination." xAI challenged the law on First Amendment, Dormant Commerce Clause, and Fourteenth Amendment (vagueness) grounds.
xAI's complaint noted how troubled the passage of this legislation was. The governor, when signing the bill in 2024, expressed reservations about how its intended effect was implemented:
Laws that seek to prevent discrimination generally focus on prohibiting intentional discriminatory conduct.
