AI Florida Goes To Court And Asserts That OpenAI And Sam Altman Are Legally A Public Nuisance By Lance Eliot ,
Forbes contributors publish independent expert analyses and insights. Dr. Lance B. Eliot is a world-renowned AI scientist and consultant. Follow Author Aug 19, 2026, 03:15am EDT Summary U.S. states are increasingly employing "public nuisance" charges against AI makers, viewing generative AI and large language models as a form of digital pollution harming citizens. This novel legal approach, likened to a polluting factory, argues that AI chatbots cause mental harm, provide uncertified advice, and undermine public health and safety. Florida is leading this trend, having filed a significant lawsuit against OpenAI and Sam Altman. The state alleges OpenAI's rapid success stems from deceit and exploitation, causing widespread harm to Floridians and subverting public order. Florida seeks substantial monetary relief and injunctive actions to abate this alleged nuisance. The outcome of this bellwether case is expected to significantly influence whether other states pursue similar legal actions against AI companies.
Florida claims that OpenAI and Sam Altman constitute a legal public nuisance. getty In today’s column, I examine the emerging trend of U.S. states opting to use the legal charge of “public nuisance” to clamp down on AI makers and their said-to-be out-of-control generative AI and large language models (LLMs). The emphasis is that, rather than using more traditional legal angles or in conjunction with traditional legal charges, a movement to label AI as a public nuisance seems to be gaining steam.
How could AI be a public nuisance? The usual analogy is that generative AI and LLMs are akin to a factory that pollutes local waters. You see, each U.S. state could argue that the public availability and use of AI chatbots in their state constitutes a form of digital or AI-derived pollution. In that sense, AI chats are harming the people of that U.S. state. Therefore, the state-level attorney general might opt to bring a legal charge of public nuisance against an AI maker and their AI. Indeed, there is one U.S. state that is demonstrably forging ahead on this avenue; namely, Florida is pushing hard with a court case targeting OpenAI and Sam Altman for allegedly promulgating a public nuisance. I will explain what the case consists of. The big question is whether a public nuisance argument is going to stick.
Let’s talk about it. This analysis of AI breakthroughs is part of my ongoing Forbes column coverage on the latest in AI, including identifying and explaining various impactful AI complexities (see the link here ).
I am doing a series on the topic of AI as a legally contested public nuisance; see my starter piece for the initial backstory at the link here . Some of those fundamental points outlined in that piece will be used here to get you up to speed on the weighty topic. The rest of the attention in this discussion will be to the efforts by Florida on claims of AI as a public nuisance.
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