is this constitutional - “Once and for all, we are getting rid of woke,” Trump said Wednesday during an AI event hosted by the All-In Podcast and Hill & Valley Forum. “I will be signing an order banning the federal government from procuring AI technology that has been infused with partisan bias or ideological agendas, such as critical race theory, which is ridiculous. And from now on the U.S. government will deal only with AI that pursues truth, fairness, and strict impartiality.”

Short answer: No, it’s almost certainly unconstitutional as stated. And it's a legal minefield dressed up as a campaign applause line.

🚨 First Problem: The First Amendment

Trump’s statement proposes banning the federal government from procuring AI infused with “partisan bias or ideological agendas,” specifically naming critical race theory (CRT). Here's why that’s problematic:

1. Vagueness and Viewpoint Discrimination:
   • The First Amendment prohibits the government from suppressing speech based on viewpoint.
   • Banning software or tools just because they express or are “infused with” ideas associated with CRT is textbook viewpoint discrimination.
   • Courts apply strict scrutiny to these cases, and the government would need a compelling interest and a law that’s narrowly tailored to serve that interest. This fails both.
2. Overbreadth:
   • The phrase “partisan bias or ideological agendas” is intentionally vague and overbroad.
   • It opens the door to arbitrary or politically motivated enforcement—exactly what the First Amendment is designed to prevent.
3. "Truth, fairness, and strict impartiality":
   • Sounds noble, right? But who gets to define those terms? The federal government under one administration?
   • Courts hate when the executive branch positions itself as arbiter of truth—again, that's a non-starter under First Amendment jurisprudence.

🧠 Second Problem: Equal Protection & Due Process

Even if the First Amendment weren’t implicated (which it is), if this executive order were used to disproportionately exclude certain vendors, frameworks, or developers based on ideology or protected characteristics (like race), it could also run afoul of Equal Protection under the Fifth Amendment’s Due Process Clause (since the Fourteenth Amendment binds states, not the feds).

🧑‍⚖️ Third Problem: Procurement Law

Even setting aside constitutional law, federal procurement regulations are complex and require open competition and fairness in evaluating bids. A sweeping exclusion of AI tools on ideological grounds would almost certainly:

• Be challenged by vendors under the Administrative Procedure Act (APA).
• Trigger lawsuits for arbitrary and capricious rulemaking.
• Violate the Competition in Contracting Act (CICA).

TL;DR (for the folks in the cheap seats)