Free Speech Group Raises Concerns About Minnesota AI Legislation
(The Center Square) - A free speech group is raising concerns about a package of Minnesota bills regulating artificial intelligence, warning the proposals could have unintended consequences for Minnesotans' constitutional rights.
This comes as a bipartisan group of state lawmakers introduced a package of AI-related bills addressing health care decisions, children’s access to chatbots, pricing and government surveillance. The broader effort also includes a proposed amendment to the state constitution to address artificial intelligence.
Supporters say the measure is intended to clarify that artificial intelligence itself does not have constitutional speech rights, but critics warn the language could affect the free speech of those who use AI.
State Sen. Eric Lucero, R-Saint Michael, spoke at a press conference last week introducing the legislation.
“I have long said the law is not keeping up with technology,” Lucero said. “Technology has been innovating since the beginning of time, and as that technology is adopted in the private sector for use and in the public sector by government, it can create a direct threat to our individual liberties.”
The Foundation for Individual Rights and Expression is one of the groups raising red flags about the proposals.
In an exclusive interview with The Center Square, FIRE Legislative Counsel John Coleman said they are concerned the legislation, especially the amendment, could restrict the constitutional rights of people who use AI tools.
“AI isn’t an independent speaker,” Coleman said. “It’s a tool that people use to write, research and communicate ideas. It’s an expressive tool, and the people who develop and use it retain their free speech rights.”
Coleman said proposals aimed at restricting artificial intelligence can sometimes unintentionally limit the speech of the humans behind the technology.
"If constitutional protections disappear whenever AI is involved, the government gains leverage over the people building and using these tools," Coleman explained.
Lawmakers backing the broader AI package say the regulations are needed as the technology becomes more widely used across society. In recent years, states across the nation have introduced more than 1,500 AI-related bills.
State Sen. Erin Maye Quade, D-Apple Valley, said at the press conference that the rapid rollout of consumer AI tools has created new risks.
“The way that consumer-facing AI has been rolled out is a five-alarm fire for our society,” Quade said. “It has devastating consequences and deadly consequences for both humans and our constitutional rights.”
Lawmakers also highlighted concerns about how children interact with artificial intelligence chatbots.
“Having access to a chatbot that can talk to them about virtually any topic, with no regulation whatsoever, has been proven deadly in a number of cases,” Quade said. “You have 14-year-olds, 11-year-olds, 9-year-olds dying by suicide, developing eating disorders and engaging in self-harm.”
Coleman said addressing harmful uses of artificial intelligence is a legitimate policy goal but cautioned lawmakers to avoid broad restrictions that could impact human speech.
"Protecting free speech ultimately means protecting the tools people use to express themselves, whether that's a printing press, a camera, the internet or AI," Coleman said. "If lawmakers can carve out AI today, other modern communication tools could be next."
Coleman added that if legislation limiting AI-related speech moves forward, it would “absolutely” face court challenges.
"States can provide more protection for speech than the First Amendment requires, but it can't provide less," he said. "So, an amendment excluding AI from speech protections would run directly into the First Amendment."
Debates over artificial intelligence regulation are also unfolding in other states. In Louisiana, officials have warned lawmakers that aggressive state-level AI regulations could put roughly $800 million in federal broadband funding at risk.
The warning centers on the Broadband Equity, Access, and Deployment program, a federal funding pool used to expand fiber internet access to rural areas. A December executive order from the Trump administration indicated states could lose access to certain broadband funds if they enact “onerous” artificial intelligence laws.
Josh Fleig, chief innovation officer for Louisiana Economic Development, said the federal government made its position clear.
“The feds in December put out an executive order that told states not to pass a bunch of restrictive AI laws,” Fleig told The Center Square. “If you do that, we have the right to withhold your BEAD non-deployment funding.”
Minnesota’s BEAD funding allocation has totaled over $651 million. The sponsors of the legislation did not respond to questions from The Center Square regarding the bills.
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