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Alabama lawmakers are turning to legal, technology and academic experts as they consider how to regulate artificial intelligence chatbots used by minors without running afoul of the First Amendment. The discussion underscores the increasingly difficult balance states face between protecting children online and avoiding constitutional challenges.
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At its latest meeting, the Alabama Commission on Artificial Intelligence and Children’s Safety heard testimony from specialists in technology policy, behavioral science and data privacy as lawmakers gathered ideas for legislation expected to be considered during the 2027 legislative session. Rather than embracing sweeping restrictions, commissioners repeatedly stressed that the goal is to identify targeted measures that can survive judicial scrutiny while addressing concerns over children’s interactions with AI-powered conversational systems, according to a report on the meeting by the Chattanooga Times Free Press.
Senate President Pro Tem Garlan Gudger, R-Cullman, described the assignment facing lawmakers as a “colossal task,” saying Alabama will need to proceed incrementally as legislators and the public become more familiar with the rapidly evolving technology. He said educating lawmakers, stakeholders and the public will be essential before the state adopts a broader regulatory framework.
A central focus of the discussion was whether Alabama should require age verification for AI chatbots following the Legislature’s approval earlier this year of age-verification requirements for app stores.
Andrew Kingman, president of Mariner Strategies, cautioned commissioners that any new requirements should prioritize legal certainty and constitutional durability. From the business community’s perspective, he said, companies benefit most from regulations that are clear and consistent across jurisdictions.
Kingman pointed to recently enacted chatbot laws in Colorado and Connecticut as potential models, noting they require developers to disclose clearly that chatbots are not human and prohibit systems from using rewards to encourage prolonged engagement by minors. According to Kingman, those provisions appear less vulnerable to First Amendment litigation than mandatory identity verification requirements.
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The commission’s interest in constitutional risk reflects the growing wave of litigation challenging state online safety laws, according to the Times Free Press. Kingman noted that internet industry groups, including NetChoice, have opposed mandatory age-verification laws on First Amendment grounds and warned that requiring chatbot users to submit government identification could undermine anonymous speech and could force companies to collect even more personal information. Courts, he added, have generally been skeptical that mandatory collection of additional personal data represents the narrowest means of achieving child-protection objectives.
Commission members also heard testimony highlighting privacy risks beyond age verification.
Nancy Brinson, an associate professor of advertising at the University of Alabama, said AI chatbots collect not only explicit information such as names, ages and locations but also implicit behavioral data that can reveal users’ interests, emotional states and personalities. That information, she warned, can be especially sensitive when collected from children. She urged lawmakers to require greater transparency around chatbot data practices while giving parents meaningful tools to monitor and manage their children’s privacy.
Not all experts favored age-based restrictions. Robert Epstein, senior research psychologist at the American Institute for Behavioral Research and Technology, argued that outright age limits could interfere with parental authority by preventing families from making their own decisions about children’s AI use. Instead, he encouraged Alabama to invest in education for children, parents, educators and policymakers about AI systems and data collection practices.
Commission members indicated those competing perspectives will shape legislation now under consideration. Sen. Matt Woods, R-Jasper, said protecting children’s personal information while preserving parental control will remain a priority as lawmakers draft proposals for next year’s session.
Gudger likewise said the commission’s continuing series of expert presentations is intended to help lawmakers identify an Alabama-specific approach that protects children while avoiding unnecessary regulation. For legislators, he suggested, the challenge is not simply regulating AI chatbots, but crafting age-verification and child-safety requirements that advance public safety without triggering the constitutional challenges that have complicated similar internet regulations in other states.
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