Elon Musk’s xAI sues Colorado arguing its AI rules restrict speech

Elon Musk’s artificial intelligence company, xAI, has filed a lawsuit against the state of Colorado, seeking to block incoming AI rules that restrict speech from AI chatbots like Grok.

The AI company is specifically challenging Colorado’s Senate Bill 24-205, which aims to protect AI users from “algorithmic discrimination” in areas like employment, housing and finance. 

However, in a filing to a US district court in Colorado on Thursday, xAI argued that “Colorado cannot alter xAI’s message simply because it wants to amplify its own views on the highly politicized subjects of fairness and equity.”

The company further argued that the law, set to take effect on June 30, is contradictory as it promotes “differential treatment” in an effort to “increase diversity or redress historical discrimination.”

Forcing xAI to change Grok would also interfere with its goal of being “maximally truth seeking,” it said.

Colorado isn’t the first state that xAI has sued over AI regulations. In December, it sued California over its Generative AI Training Data Transparency Act, arguing that disclosure requirements compel speech and reveal trade secrets in violation of the First and Fifth Amendments.

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The Colorado and California AI laws come after accusations of Grok making racist, sexist and antisemitic comments in the past.

AI rules should be left to federal regulators: David Sacks

White House AI czar David Sacks has led a push for state regulators to steer clear of crafting AI rules, arguing for a single federal standard for AI instead of a "patchwork" of state laws.

“The problem that we're seeing right now is that you've got 50 different states regulating this in 50 different ways, and it's creating a patchwork of regulation that's difficult for innovators to comply with,” Sacks said in late March.

Sacks was appointed as co-chair of the newly established President’s Council of Advisors on Science and Technology to address that issue.

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