Export Control Authority Over AI Services May Violate First Amendment

What was said

"We're actually lucky to have, like, a very on-point Supreme Court case from last year where the Supreme Court said that New York State was going after the NRA on ideological grounds. And that even though, or even if, like, the law under which New York was trying to go after the NRA was itself appropriate, if they're using their lawful powers to attack ideological enemies on ideological grounds, then that is a First Amendment violation."

Legal expert Donnie Bloomfield argues the government's Fable export controls likely violate both statutory authority and the First Amendment. Export control law doesn't cover services like APIs, and published material is explicitly exempt. The 2024 NRA v. Vullo precedent established that using lawful powers against ideological adversaries constitutes First Amendment violation regardless of underlying legal authority.