Trump Pretends To Block State AI Laws; Media Pretends That’s Legal | Techdirt

That’s the New York Times, CNN, CNBC, NBC, and the Guardian all confidently telling their readers that Trump can magically override state sovereignty with a memo. These aren’t fringe blogs—these are supposedly serious news organizations with actual editors who apparently skipped the day they taught how the federal government works. They have failed the most simple journalistic test of “don’t print lies in the newspaper.”

Executive orders aren’t laws. They’re memos. Fancy, official memos that tell federal employees how to do their jobs, but memos nonetheless. You want to change what states can and can’t do? You need this little thing called “Congress” to pass this other little thing called “legislation.” Trump can’t just declare state laws invalid any more than he can declare himself emperor of Mars.

But here’s where this gets kinda funny (in a stupid way): that “interstate commerce” language could backfire spectacularly. Almost all state laws trying to regulate the internet—from child safety laws to age verification to the various attempts at content moderation laws—might run afoul of the dormant commerce clause by attempting to regulate interstate commerce if what the admin here claims is true (it’s not really true, but if the Supreme Court buys it…). Courts had been hesitant to use this nuclear option because it would essentially wipe out the entire patchwork of state internet regulation that’s been building for years, and a few decades of work in other areas that hasn’t really been challenged. Also, because they’ve mostly been able to invalidate those laws using the simple and straightforward First Amendment.

The real story here isn’t that Trump signed some groundbreaking AI policy—it’s that the entire mainstream media apparatus completely failed to understand the most basic principles of American government. Executive orders aren’t magic spells that override federalism. They’re memos.