US Constitutional Hurdles: Why 'Good' AI Policy Isn't Always Permissible

Internal audit and assurance professionals must understand that proposed AI regulations in the US, while seemingly sensible, often face significant constitutional challenges. This article highlights how measures like mandatory watermarking, model registration, and certain disclosure or licensing requirements can conflict with First Amendment rights, administrative law, and federalism principles. For assurance functions, this means that compliance frameworks for AI must consider not just the intent of regulations, but also their legal viability and the potential for them to be overturned or limited by courts, necessitating a proactive and legally informed approach to AI governance.