Olshan Intellectual Property and Brand Management & Protection partner Barry Greenbaum was quoted in Bloomberg Law’s New York Brief item, “SDNY Ruling Offers ‘Warning’ for Data Laws,” on the First Amendment considerations state lawmakers may face when regulating AI and algorithmic recommendations. The ruling “is a warning for every state writing AI rules right now,” Barry told Bloomberg Law. “Once a law controls what an algorithm is allowed to recommend, the state risks having to defend it as a restriction on speech, and that is a much harder case to win.” Barry’s comments highlight a developing issue for legislators, regulators, and businesses navigating the evolving AI legal landscape: restrictions on the outputs or recommendations of algorithmic systems may raise constitutional concerns. As states continue to consider new AI and data laws, the scope and drafting of those measures will remain central to whether they withstand legal challenge.
