Trump's AI Plan Faces Legal Obstacles Amid Bias-Free Requirements.

The Trump administration's new "Action Plan" to support US dominance in artificial intelligence may face legal pushback from civil rights advocates and copyright holders. The plan aims to accelerate permitting for data centers, expand AI exports, and eliminate ideological bias. However, constitutional law scholars argue that directives requiring bias-free algorithms and penalizing companies based on perceived ideological leanings may not hold up under First Amendment challenges.

The Trump administration has released its AI Action Plan, aimed at solidifying U.S. dominance in artificial intelligence. The plan, released on July 23, includes directives to accelerate permitting for data centers, expand AI exports, and eliminate ideological bias in algorithms. However, constitutional law scholars argue that these directives may face significant legal pushback from civil rights advocates and copyright holders.

The AI Action Plan, titled "Winning the Race: America’s AI Action Plan," outlines key priorities for the administration's AI policy agenda. It was developed following months of stakeholder and agency consultations and over 10,000 public comments in response to the White House's February 6 Request for Information. The plan aims to ensure that the U.S. maintains its global leadership in AI by rapidly innovating across various fields, removing regulatory barriers, building AI infrastructure, and establishing American AI as the global standard [3].

The plan also includes executive orders on "Preventing Woke AI in the Federal Government," "Accelerating Federal Permitting of Data Center Infrastructure," and "Promoting the Export of the American AI Technology Stack." These orders direct the Executive Branch to implement policies that will "lead[] the world into the golden age of America" and "be built by American workers, powered by American energy, run on American technology, and improved by American artificial intelligence" [3].

However, the directives to eliminate ideological bias in AI algorithms and penalize companies based on perceived ideological leanings have raised concerns. Constitutional law scholars argue that these directives may violate the First Amendment, which protects freedom of speech and expression. They contend that requiring bias-free algorithms and penalizing companies for their perceived ideological leanings could be seen as an unconstitutional restriction on free speech [3].

The Trump administration's actions are not the first to face legal challenges. In 2025, the Federal Communications Commission (FCC) faced criticism for its efforts to reshape the media landscape. The FCC chair, Brendan Carr, stated that the media industry needs a course correction, and the FCC approved a $8.4 billion merger between CBS parent Paramount Global and Skydance Media, with conditions to ensure CBS news and entertainment programming is free of bias [2]. However, Democrats have accused the FCC of violating the First Amendment and imposing unprecedented controls over newsroom decisions and editorial judgment.

Similarly, the Trump administration's AI Action Plan may face legal pushback from civil rights advocates and copyright holders. Civil rights advocates argue that the directives to eliminate ideological bias in AI algorithms could disproportionately impact marginalized communities. Copyright holders, on the other hand, may challenge the plan's provisions for expanding AI exports, as they could potentially infringe on their intellectual property rights.

The Trump administration believes that its AI policies will lead to an "industrial revolution, an information revolution, and a renaissance – all at once." However, the legal challenges to the AI Action Plan could significantly impact the administration's ability to implement these policies. As the administration continues to push forward with its AI agenda, it will be crucial to monitor the legal developments and assess the potential impact on the U.S. AI industry.

References:
[1] https://www.theamericanconservative.com/trump-administration-greenlights-chevrons-venezuela-oil-drilling/
[2] https://www.tradingview.com/news/reuters.com,2025:newsml_L1N3TM0RS:0-trump-fcc-want-to-reshape-the-media-landscape-starting-with-cbs/
[3] https://www.insidegovernmentcontracts.com/2025/07/trump-administration-issues-ai-action-plan-and-series-of-ai-executive-orders/