Anthropic scored an important court win in its fight with the Pentagon. According to CNBC on Aug. 28, a U.S. federal judge rejected the Department of Defense decision to classify Anthropic as a "supply chain risk," finding that the move was retaliation against a critic and violated the First Amendment.
Judge says national security cannot be used as a blank check
U.S. District Judge Rita Lin ruled that the Pentagon's decision to attach the national security supply chain risk label to Anthropic was retaliatory and infringed on constitutional free speech protections. In the ruling, she wrote: "Vague invocations of national security are not a blank check to punish and retaliate against government critics."
The "supply chain risk" label is used by the government for companies seen as potentially exposing military systems to infiltration or disruption by adversaries. Once applied, the designation can effectively exclude a company from Defense Department procurement.
Case traces back to a March 9 lawsuit
The dispute began with a lawsuit Anthropic filed on March 9 this year. The company accused Defense Secretary Pete Hegseth of exceeding his authority by placing Anthropic on the national security supply chain risk list as retaliation for its public stance on AI safety.
Anthropic has argued that AI models are not yet reliable enough to be used in autonomous weapons. It has also opposed the use of AI for domestic surveillance.
Related litigation in Washington is still underway
The ruling is only a partial victory. Anthropic's related case in Washington, D.C., is still moving forward. Until that case is resolved, the company will temporarily remain under the "supply chain risk" designation as a procedural matter.