Judge calls Pentagon's AI ban on Anthropic 'troubling' and questions First Amendment violation

Reviewed byNidhi Govil

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A federal judge expressed skepticism about the Pentagon's decision to label Anthropic a supply-chain risk, suggesting the Trump administration may be illegally punishing the AI company for refusing to allow unrestricted military use of its Claude technology. Judge Rita Lin said the ban appears to violate free speech protections and doesn't seem tailored to national security concerns.

Judge Questions Pentagon's Actions Against Anthropic

US District Judge Rita Lin delivered sharp criticism of the Pentagon during a Tuesday hearing in San Francisco, suggesting the Department of Defense appears to be illegally punishing Anthropic for its stance on military use of AI. "It looks like an attempt to cripple Anthropic," Lin said of the supply-chain risk designation applied to the company

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. The judge added that the government's actions look like it is "punishing Anthropic for trying to bring public scrutiny to this contract dispute, which of course would be a violation of the First Amendment"

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Source: Market Screener

Source: Market Screener

The legal dispute with the Pentagon traces back to late February when President Trump and Defense Secretary Pete Hegseth publicly declared they were cutting ties with Anthropic after the company refused to allow unrestricted military use of its Claude technology

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. The Trump administration subsequently labeled the AI company a national security risk, a designation typically reserved for foreign adversaries and hostile actors

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New Court Filings Reveal Pentagon Contradictions

Anthropics submitted two sworn declarations to the California federal court late Friday, featuring testimony from Sarah Heck, the company's Head of Policy, and Thiyagu Ramasamy, Head of Public Sector

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. The court filings reveal a striking detail: on March 4, just one day after the Pentagon formally finalized its supply-chain risk designation against Anthropic, Under Secretary Emil Michael emailed CEO Dario Amodei saying the two sides were "very close" on issues regarding autonomous weapons and mass surveillance of Americans

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Heck directly challenged what she described as a central falsehood in the government's filings: that Anthropic demanded approval over military operations. "At no time during Anthropic's negotiations with the Department did I or any other Anthropic employee state that the company wanted that kind of role," she wrote

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. She noted that concerns about Anthropic potentially disabling technology mid-operation were never raised during negotiations but appeared for the first time in court filings

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Technical Realities Dispute Government Claims About Sabotage AI Tools

Ramasamy, who previously spent six years at Amazon Web Services managing AI deployments for government customers, directly addressed claims that Anthropic could sabotage AI tools during military operations. "Anthropic has never had the ability to cause Claude to stop working, alter its functionality, shut off access, or otherwise influence or imperil military operations," he wrote in his declaration

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. Once the generative AI model Claude is deployed inside a government-secured, air-gapped system operated by a third-party contractor, Anthropic has no access to it

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Source: The Hill

Source: The Hill

"Anthropic does not maintain any back door or remote 'kill switch,'" Ramasamy explained, adding that the company cannot log into Department of Defense systems to modify or disable models during operations

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. Any updates would require explicit approval from the Pentagon and action to install, and Anthropic cannot access prompts or data that military users enter into the system

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First Amendment Violation Concerns Take Center Stage

Judge Lin indicated she is considering whether the ban on Anthropic AI tools constitutes a First Amendment violation, describing the government's actions as "troubling" and noting they "don't seem to be tailored to stated national security concerns"

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. During the hearing, Trump administration attorney Eric Hamilton acknowledged that Pete Hegseth has no legal authority to bar military contractors from using Anthropic for work unrelated to the Department of Defense, despite the Defense Secretary posting on X that "no contractor, supplier, or partner that does business with the United States military may conduct any commercial activity with Anthropic"

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Source: Quartz

Source: Quartz

Anthropics has argued that the dispute has led to almost a month of "profound uncertainty" for commercial partners and "irreparable and mounting" damages

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. The company estimates that even a narrow interpretation of the order could put hundreds of millions of dollars in annual revenue at risk

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. A broader application might cut the company off from vital data center infrastructure provided by companies like Amazon and Microsoft

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What Happens Next in the Legal Battle

Rita Lin stated she would issue a decision on Anthropic's request for a temporary injunction within the coming days

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. The judge can pause the designation only if she determines Anthropic is likely to win the overall case

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. Meanwhile, the Pentagon has said it is working to replace Anthropic technologies over the coming months with alternatives from Google, OpenAI, and xAI

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. A ruling in a second case filed at the federal appeals court in Washington, DC, is expected soon without a hearing

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The case has sparked broader conversation about how artificial intelligence is being deployed by armed forces and whether Silicon Valley companies should defer to the government in determining how technology they develop is used for military purposes

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. Free speech protections and the limits of executive power in punishing companies for their public positions remain central questions as this unprecedented legal battle unfolds

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