An EO can prevent states from passing laws?
I find that hard to believe.
this post was submitted on 26 Nov 2025
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An EO can prevent states from passing laws?
Federal laws and regulations preempt state laws and regulations.
An EO by itself cannot prevent states from passing laws. The President doesn't make laws.
What he can do is choose an interpretation of an existing law which creates a federal regulation on AI (likely through the FCC), preventing states from regulating them.
He can try.
Each of the fifty states literally has its own legal system, which are as a rule very particular about the separation of powers.
If Trump signs an EO directing the FCC to declare AI a."telecommunications" product.that states aren't allowed to regulate, there'd be that same week ten to fifty lawsuits by the states asserting that the EO was unconstitutional and had zero effect.
What the AI oligarchs want is for the FCC to decide this on their own without an EO, or for Congress to pass a law. (Although Scotus has made noises about lifting what can be done without Congress in other areas ...)
Short answer: no
In theory: no.
In practice: spineless fuckers like Gavin Newsom will follow through it, save for doing some bare-minimum pornographic deepfake bans the corporations will agree on, and will still allow non-pornographic deepfakes.
Pieces of shit
I didn't know that Trump was still trying to push through an AI preemption executive order. It looks like Big Tech is still trying to grab power, despite the change in administration.