President Trump’s War on “Woke AI” Is a Civil Liberties Nightmare

The White House’s recently-unveiled “AI Action Plan” wages war on so-called “woke AI”—including large language models (LLMs) that provide information inconsistent with the administration’s views on climate change, gender, and other issues. It also targets measures designed to mitigate the generation of racial and gender biased content and even hate speech. The reproduction of this bias is a pernicious problem that AI developers have struggled to solve for over a decade.

A new executive order called “Preventing Woke AI in the Federal Government,” released alongside the AI Action Plan, seeks to strong-arm AI companies into modifying their models to conform with the Trump Administration’s ideological agenda.

The executive order requires AI companies that receive federal contracts to prove that their LLMs are free from purported “ideological biases” like “diversity, equity, and inclusion.” This heavy-handed censorship will not make models more accurate or “trustworthy,” as the Trump Administration claims, but is a blatant attempt to censor the development of LLMs and restrict them as a tool of expression and information access. While the First Amendment permits the government to choose to purchase only services that reflect government viewpoints, the government may not use that power to influence what services and information are available to the public. Doing so would impact the 60 percent of Americans who get information from LLMs, and it would force developers to roll back efforts to remove biases—making the models much less accurate, and far more likely to cause harm, especially in the hands of the government. 

Less Accuracy, More Bias and Discrimination

It’s no secret that AI models—including gen AI—tend to discriminate against racial and gender minorities. AI models use machine learning to identify and reproduce patterns in data that they are “trained” on. If the training data reflects biases against racial, ethnic, and gender minorities—which it often does—then the AI model will “learn” to discriminate against those groups. In other words, garbage in, garbage out. Models also often reflect the biases of the people who train, test, and evaluate them. 

This is true across different types of AI. Models used in “predictive policing” tools are trained on arrest data that reflects overpolicing of black neighborhoods and frequently recommends heightened levels of policing in those neighborhoods, often based on inaccurate predictions that crime will occur there.

Generative AI models are also implicated. LLMs already recommend more criminal convictions, harsher sentences, and less prestigious jobs for people of color. Despite the fact that people of color account for less than half of the U.S. prison population, 80 percent of AI-generated images of inmates using Stable Diffusion have darker skin. Over 90 percent of AI-generated images of judges were men; in real life, 34 percent of judges are women.

These models aren’t just biased—they’re fundamentally flawed. Race, gender, and other broad categories are not valid criteria for determining who gets hired or convicted of a crime. Those discriminatory decisions reflected trends in the training data that could be caused by bias or chance—not some “objective” reality. Setting fairness aside, biased models are just worse models: they make more mistakes, more often. Efforts to reduce bias-induced errors will ultimately make models more accurate, not less. 

Biased LLMs Cause Serious Harm—Especially in the Hands of the Government

But inaccuracy is far from the only problem. When government agencies start using biased AI to make decisions, real people suffer. Government officials routinely make decisions that impact people’s personal freedom and access to financial resources, healthcare, housing, and more. The White House’s AI Action Plan calls for a massive increase in agencies’ use of LLMs and other AI—while all but requiring the use of biased models that automate systemic, historical injustice. Using AI simply to entrench the way things have always been done squanders the promise of this new technology.

We need strong safeguards to prevent government agencies from procuring biased, harmful AI tools. In a series of executive orders, as well as his AI Action Plan, the Trump Administration has rolled back the already-feeble Biden-era AI safeguards. This makes AI-enabled civil rights abuses far more likely, putting everyone’s rights at risk. 

And the Administration could easily exploit the new rules to pressure companies to make publicly available models worse, too. Corporations like healthcare companies and landlords increasingly use AI to make high-impact decisions about people, so more biased commercial models would also cause harm. 

We have argued against using machine learning to make predictive policing decisions or other punitive judgments for just these reasons, and will continue to protect your right not to be subject to biased government determinations influenced by machine learning.