February 20, 2026
Virginia and Washington race to protect kids from AI chatbots before Trump blocks them
States have 90 days before federal deadline threatens child safety laws
🤖AI Governance📜Constitutional Law🏛️Government✊Civil Rights💡Technology
Virginia's SB 796, the AI Chatbots and Minors Act, passed the state Senate with bipartisan support in early 2026. Republican Senator Tara Durant introduced it to require AI chatbot companies to add safety guardrails when minors use their products, including self-harm detection and age verification.
Fourteen-year-old Sewell Setzer III died by suicide on February 28, 2024, after months of increasingly isolated and emotionally manipulative conversations with a Character.AI chatbot. In his final moments, the chatbot told him 'I love you' and urged him to 'come home to me as soon as possible.' His mother, Megan Garcia, sued Character.AI and Google. Both companies agreed to settle the lawsuits in January 2026.
Washington's SB 5984 would require chatbot companies to remind users every three hours that they're talking to a machine, block explicit content for minors, detect suicidal ideation with automatic crisis referrals, and prohibit 'emotionally manipulative engagement techniques' — like showering users with excessive praise to keep them engaged. Governor Bob Ferguson listed the bill as one of his top six legislative priorities for 2026.
President Trump signed an executive order on December 11, 2025, creating an AI Litigation Task Force inside the Justice Department to challenge state AI laws in federal court. The order directed Commerce Secretary Howard Lutnick to publish a report within 90 days — around March 11, 2026 — identifying state AI laws the administration considers 'onerous.'
The executive order also directed the Commerce Department to withhold portions of $42.5 billion in BEAD broadband program funding from states with AI laws the administration flags as burdensome. This gives the federal government economic leverage to pressure states into not passing AI regulations, even without a court victory.
Legal experts widely dispute whether an executive order can override state AI laws. John Bergmayer of Public Knowledge stated that states are allowed to regulate interstate commerce, a principle recently affirmed by the Supreme Court. Trump's own AI advisor David Sacks acknowledged Congress would need to formally preempt state legislation.
The Senate voted 99-1 in July 2025 to strip a 10-year moratorium on state AI laws from the 'One Big Beautiful Bill.' Senator 
Marsha Blackburn ultimately pulled her support after concluding the moratorium would let Big Tech exploit 'kids, creators, and conservatives' while Congress failed to pass federal protections. Senator Cruz has pledged to revive the moratorium in separate legislation.
🤖AI Governance📜Constitutional Law🏛️Government✊Civil Rights💡Technology
People, bills, and sources
Tara Durant
Virginia State Senator (R-Stafford), sponsor of SB 796
Lisa Wellman
Washington State Senator (D-Mercer Island), sponsor of SB 5984
Megan Garcia
Mother of Sewell Setzer III, plaintiff in Character.AI and Google lawsuits
David Sacks
White House AI and Crypto Czar, venture capitalist
Howard Lutnick
U.S. Commerce Secretary
Ted Cruz
U.S. Senator (R-Texas), Chair of Senate Commerce Committee
Marsha Blackburn
U.S. Senator (R-Tennessee)
What you can do
1
civic action
Contact your state legislators about AI chatbot safety bills in your state
At least a dozen states are considering AI chatbot safety bills in 2026. Contacting your legislator helps them understand voters care about protecting children from manipulative AI products — especially before the federal government tries to block state action.
I'm calling about AI chatbot safety for minors. I want to know if our state has introduced legislation similar to Virginia's SB 796 or Washington's SB 5984 — bills that require chatbot companies to add safety features for kids, like self-harm detection and explicit content blocks. Does my representative support these protections?
2
civic monitoring
Submit a public comment to the Commerce Department on its AI state law review
Commerce Secretary Howard Lutnick's team is evaluating state AI laws right now, with a report due around March 11, 2026. Public comments can influence which laws get flagged as 'onerous' versus recognized as legitimate child safety measures.
I'm commenting on the Commerce Department's review of state AI laws under the December 11, 2025 executive order. I believe state child safety protections like Virginia's SB 796 and Washington's SB 5984 should not be classified as 'burdensome' — they protect minors from documented harms including suicide risk from AI chatbots.
3
civic action
Contact your U.S. Senators and Representative about federal versus state AI authority
After Lutnick's report drops around March 11, 2026, next steps could include DOJ lawsuits against states, FCC preemption proceedings, or withholding of broadband funding. Knowing your representatives' positions helps you hold them accountable.
I want to know where you stand on federal preemption of state AI laws. The Senate voted 99-1 to reject a 10-year moratorium on state AI regulations in July 2025. Legal experts say only Congress — not an executive order — can actually preempt state laws. Will you support state authority to protect children from harmful AI products?