Trump administration says a New York Times win in OpenAI lawsuit would ‘threaten national security’ and hurt small newsrooms

The Department of Justice filing argues that large publishers will disproportionately benefit if AI companies have to pay to use copyrighted content

Posted Thursday, September 3, 2026 10:53 am

Andrew Deck | Nieman Lab

On Wednesday, the Trump administration threw its support behind OpenAI, backing the AI giant in its ongoing litigation with The New York Times. The Department of Justice voiced its support through a statement of interest (SOI) filed with the Manhattan judge overseeing the case, which includes several other plaintiffs, including daily papers owned by Alden Global Capital, high-profile book authors, and smaller nonprofit newsrooms like The Intercept.

The filing says the DOJ’s decision to intervene is an attempt to ensure that American AI companies remain “competitive” and are free to “develop a robust AI industry.”

The filing makes grand pronouncements about the harms that could come from a ruling in favor of The New York Times and the other plaintiffs in the news industry.

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Trump administration says a New York Times win in OpenAI lawsuit would ‘threaten national security’ and hurt small newsrooms

The Department of Justice filing argues that large publishers will disproportionately benefit if AI companies have to pay to use copyrighted content

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