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Tipsheet

Introducing the AI Civil Rights Act: Solving Imaginary Problems With Terrible Solutions

AP Photo/J. Scott Applewhite

Democrat Representative Ayanna Pressley of Massachusetts introduced the "AI Civil Rights Act" to prevent AI algorithms from discriminating against people:

...to introduce the AI Civil Rights Act. It's urgent because the truth is that we are already behind. People are already being exploited and discriminated against with the use of algorithms. Now let's take an issue like housing, for example, which in my opinion, is a human right. Everyone deserves more than just shelter; they deserve to have a home, it safety, its dignity, its health, its mobility. In 2025, the Trump administration has gutted the key agencies that protect against housing discrimination, the CFPB, HUD Fair Housing enforcement offices. They are even trying to undo consent orders that are already in place, like the Townstone Discrimination Case in Chicago. This gap in civil rights protections is an opening for continued discrimination. One study found that mortgage lenders are 80 percent more likely to reject black applicants compared to white applicants with the same qualifications. Mr. Branch, should we have additional oversight tools, such as assessments to test algorithms out before companies can use AI on the public, yes or no?

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"Yes," the witness replied.

"Do any of our witnesses, other than Mr. Branch, disagree with that?" Rep. Pressley continued. "I'd like to let the record reflect that no one disagreed. We know that bias exists in our nation; we see the inequities all around us," Rep. Pressley continued. "I represent the Massachusetts Seventh, a vibrant, diverse, dynamic district and one of the most unequal in the country. We are within a three-mile radius of Cambridge, home to MIT, Harvard, and AI advancement, and of Roxbury, the blackest part of my district, where life expectancy drops by 30 years. The median household income is $50,000. Now that is the result of intentional lawmaking, which is why I believe we have to be just as intentional in undoing the harms and charting an equitable path forward."

Rep. Pressley should familiarize herself with the work of Hoover Institute fellow Thomas Sowell, the author of "Discrimination and Disparity." In his book, he argues that disparities between groups, which Democrats love to complain about, are often a result of a multitude of factors, not discrimination. For example, someone's genetics, IQ, random events, timing, health, education, talent, geography, inherited values, education emphasis, family structure, and work ethic (to name a few) have a greater effect than, say, the color of someone's skin.  Put more simply, he provides a thorough argument that correlation does not imply causation when it comes to alleged "inequities" or "discrimination" in the United States.

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To claim that the disparity alone constitutes intentional harm is patently absurd. Democrats often downplay the role of personal choice and individual responsibility in shaping outcomes. Moreover, deliberately attempting to address such disparities through government intervention carries a significant risk of making the problem worse rather than better.

Rep. Pressley goes on:

Because AI is trained on data that is already biased, and by humans that have biases, it can replicate and exacerbate these harms unless we have oversight and prevent it. We must not allow AI innovation without AI protections. In a world of artificial intelligence, we really cannot lose sight of what is real, and that is the people. The people and their livelihoods and their lives. If Republicans are serious about protecting our elders from fraud and consumers from discrimination, then Congress must pass the AI Civil Rights Act. 

Democrats often seem desperate to cast themselves as the torchbearers of modern civil rights. Still, their desperation is laid bare in legislation like this, which too usually prioritizes optics over results and ideology over common sense.

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