Can the Federal Communications Commission Preempt State AI Laws? A Review of the Communications Act and Interpreting Caselaw

The age of Artificial Intelligence is upon us. What should the policy response be? The Biden Administration advocated for an “all of government” regulatory approach to AI in the hopes of somehow controlling the technology. In contrast, the Trump Administration has embraced AI and wants to encourage its natural growth with a de-regulatory approach. Regardless of which policy approach one may prefer, given the vast economic impact that AI will have on the U.S. economy, common sense nonetheless dictates that if AI is to be regulated, then there should be a single, cohesive national framework rather than a patchwork of state laws that would subject AI to the proverbial “Death by Fifty State Cuts.” But because common sense is scarce in policy debates these days, efforts to regulate AI at the state level are proliferating like mushrooms after it rains. According to the website Multistate.ai, in 2025 over 1200 AI-related bills were introduced in the states, with nearly 145 enacted into law. By definition, this metastasizing patchwork of state AI laws raises compliance costs and slows innovation across the entire U.S. economy. Unfortunately, given the lack of a clear statement by Congress that the federal government can preempt such state AI laws, current legal options to stop the proliferation of state AI laws are shaky at best.