“In her op-ed on the U.S.-China AI race, "Now America Builds a 'Great Firewall'" (July 31), Selina Xu writes that America "can prohibit Chinese models domestically but can't prevent the rest of the world from using them."
But it is far from clear that it would be legal for the U.S. government to ban outright Chinese models even within its own borders.
If the federal government tried to prohibit Americans from using models developed in China, users might seek to invalidate the ban for violating their First Amendment right to receive information, often referred to as "listeners' rights." In listeners' rights cases, it isn't necessary that the speaker has the First Amendment right to speak; during the Cold War, in the case Lamont v. Postmaster General (1965), the Supreme Court struck down as unconstitutional a law restricting Americans' right to receive foreign communist propaganda.
The Chinese models would be particularly difficult to outlaw because most of them are open-weight models, which means that Americans can download the model weights for free and host them on their own servers. Users might therefore argue that they have separate First Amendment rights to receive information from Chinese chatbots and to download their model weights.
The U.S. government could still pursue narrow restrictions on Chinese AI, such as limiting transactions between Americans and Chinese developers. But the legal question of whether the government can issue a blanket ban on Chinese models is more complex than people think.
Simon Hedlin
AI policy researcher and lawyer
Washington” [1]
Lithuanian elites are proud when they interfere with person’s right to get information. This is called information war in “democratic” Lithuania. The same was done in Communist Lithuania. We made Communist leaders rich. We kept Communist “professors” rolling. They are governing us the same way they did in Communist times. Why Germans took us into EU? Corrupt and stupid Lithuanians is easy to control and to exploit.
1. Banning Chinese AI Models Is Complicated. Wall Street Journal, Eastern edition; New York, N.Y.. 10 Aug 2026: A16.
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