The Department of Defense has filed new arguments against Anthropic’s lawsuit, saying the company’s refusal to accept military contract terms is not protected speech. Officials claim Anthropic poses a “substantial risk” to both national security and the supply chain, and are asking a judge to uphold its designation as a restricted vendor.
According to the filing, federal agencies acted lawfully when they began phasing out Anthropic’s technology after the company declined terms allowing “any lawful use” of its AI by the military. The Pentagon argues this is a standard procurement decision, not a free speech issue.
The conflict highlights a broader tension between military use of AI and the safety limits imposed by private tech firms. Anthropic, which develops the Claude model, sued after being labeled a supply chain risk and effectively barred from federal contracts, claiming the move was retaliation for its policies.
The government says Anthropic’s restrictions — particularly around weapons and surveillance — could interfere with military operations and give a private company too much influence. It also warned that because AI systems require ongoing updates, the company could potentially alter performance during critical moments.
Anthropic maintains it has never tried to interfere with military decisions and says it will respond in court. A hearing on the case is set for March 24 in federal court in San Francisco.