Trump wants states to back down on AI laws. Will Georgia follow along?

But threats from the White House don’t seem to be slowing down state lawmakers from forging ahead with AI legislation. Lawmakers say they’ll continue to advocate for measures aimed at protecting children and consumers from the technology’s potential harms.

The order could place Republican state lawmakers in a tricky position during the legislative session as they test how far they’ll go to support AI policy during an election year. Absent congressional action, states have rushed to create their own laws regulating the technology.

State Rep. Todd Jones, R-Cumming, who chairs the House Technology Committee, expressed frustration with the federal government taking a position against state regulation without a clear solution in place.

“You can’t have your cake and eat it, too,” Jones said. “You usurp any power from us to be able to determine what’s the best approach for AI, yet at the same time fail to act.”

Credit: Arvin Temkar/AJC

Credit: Arvin Temkar/AJC

Jones was among a cohort of state lawmakers across the country who signed a November letter opposed to a bill in Congress that would restrict state AI regulation. So far, efforts to pass a moratorium have failed.

Deven Desai, a Georgia Tech business law and ethics professor, said Trump’s executive order sends a strong signal the president wants a federal law preempting state AI laws. States now face a choice, he said.

“They can come up with regulations that their citizens want but possibly end up in a fight with the federal government, or states can back off until the legal landscape is clearer,” he said.

It’s not clear if the executive order can be enforced. Desai said provisions directing litigation likely lack a legal basis for action.

Trump said the order would bring all states under one regulatory framework, overriding state laws.

States across the country have created a patchwork of various laws to regulate the emerging technology, which the AI industry has said makes it challenging for companies to comply. All states and U.S. territories introduced AI proposals in 2025, and 38 states have adopted or enacted about 100 proposals, according to the National Conference of State Legislatures.

In Colorado, a comprehensive AI framework signed into law in 2024 would mandate AI developers protect consumers from potential algorithmic discrimination. The president used it as an example in his executive order of why there should be a national policy.

California Gov. Gavin Newsom signed a measure aimed at preventing powerful AI models from being used for activities that could cause major disruptions, such as a hack into a power grid or bank system.

Other states’ legislation has been more targeted at specific uses of the technology.

Last year, Georgia state lawmakers advanced several proposals that are still on the table for 2026. If some of those measures pass, they could face legal action from the Trump administration.

Trump’s executive order says it would exempt child safety laws from being targeted. Jones said he’s confident they’ll be able to move forward with measures aimed at AI-generated child pornography and malicious deepfakes in elections.

“We need to be able to implement AI modifications to those laws to ensure that those people are held responsible for their actions,” he said.

House Speaker Jon Burns didn’t rule out passing AI legislation at a news conference on Wednesday.

“We see the danger in some of those deepfakes that we see, and those are concerns,” Burns said. “And we also hear there is some possible action on the federal level. So we’ll take all of those things into consideration. But I think that there will be some conversation about what we can do in that area.”

State Sen. John Albers, R-Roswell, said in a statement that as the technology continues to increasingly become part of people’s lives, it’s important that guardrails are implemented to protect the public from potential harms.

“The role of government is not to slow innovation, but to help build public trust by ensuring new technologies are deployed ethically, safely, and with accountability as this technology continues to develop,” he said.

Credit: Natrice Miller/AJC

Credit: Natrice Miller/AJC

Before Trump inked his December executive order, Georgia lawmakers recommended the Republican-controlled General Assembly consider new AI laws.

A state Senate committee that studied the effects of the technology on children suggested various proposals, including creating definitions for AI systems and companion chatbots, classifying those chatbots as products to subject them to consumer protection laws, as well as requiring developers to vet data used to train large language models, such as ChatGPT.

“We can engage in a thoughtful way to protect consumers and also win the battle of the future in how this technology is used for military and purposes of geopolitical power,” said state Sen. Ed Setzler, R-Acworth, at the committee’s December meeting before Trump’s order.

Trump’s order is also facing pushback from some conservatives across the country. Florida Gov. Ron DeSantis, an AI skeptic, has recommended Florida lawmakers move forward with AI consumer protection laws. He also questioned whether an executive order could preempt state laws. Utah Gov. Spencer Cox has expressed concerns with Trump’s order and signaled support for state AI laws.

“There’s got to be different standards, and the states are best positioned to know what those standards are for their community,” said state Sen. Emanuel Jones, D-Decatur.

The 2026 legislative session kicks off next week.

Staff writer Michelle Baruchman contributed to this report.

Credit: Miguel Martinez-Jimenez

Credit: Miguel Martinez-Jimenez