The Trump administration said in a court filing yesterday that the Pentagon's blacklisting of Anthropic was justified and lawful, opposing the artificial intelligence lab's high-stakes lawsuit challenging the decision.
US Defense Secretary Pete Hegseth designated Anthropic, the maker of popular AI assistant Claude, a national security supply chain risk on March 3 after the company refused to remove guardrails against its technology being used for autonomous weapons or domestic surveillance.
The Trump administration's filing says Anthropic is unlikely to succeed on its claims that the US action violated speech protections under the US Constitution's First Amendment, asserting the dispute stems from contract negotiations and national security concerns, not retaliation.
"It was only when Anthropic refused to release the restrictions on the use of its products - which refusal is conduct, not protected speech - that the President directed all federal agencies to terminate their business relationships with Anthropic," the administration's legal filing said.
The filing, from the US Justice Department, said "no one has purported to restrict Anthropic's expressive activity."
Anthropic’s lawsuit in California federal court asks a judge to block the Pentagon’s decision while the case plays out. Some legal experts say the company appears to have a strong case that the government overreached.
In a statement, Anthropic said it was reviewing the US government's filing. The company said "seeking judicial review does not change our longstanding commitment to harnessing AI to protect our national security, but this is a necessary step to protect our business, our customers, and our partners."
The White House did not immediately respond to a request for comment.
President Donald Trump backed Hegseth's move, which excludes Anthropic from a limited set of military contracts but could damage the company's reputation and cause billions of dollars in losses this year, according to its executives.
The designation came after months of negotiations between the Pentagon and Anthropic reached an impasse, prompting Trump and Hegseth to denounce the company and accuse it of endangering American lives with its usage restrictions.
Anthropic has disputed those claims and said AI is not yet safe enough to be used in autonomous weapons. The company said it opposes domestic surveillance as a matter of principle.
In its March 9 lawsuit, Anthropic said the "unprecedented and unlawful" designation violated its free speech and due process rights, while running afoul of a law requiring federal agencies to follow specific procedures when making decisions.
The Pentagon separately designated Anthropic a supply chain risk under a different law that could expand the order to the entire government.
Anthropic is challenging that move in a second lawsuit in a Washington, DC appeals court.
