MAGA Republicans are offering an outpouring of support for TikTok ahead of a ban looming over the social media platform that is set to take effect later this month. 

"Trump won the election because he listened to first-time voters like myself and joined TikTok to get his message to us directly," RNC Youth Advisory Council Chair Brilyn Hollyhand told Fox News Digital of the impending ban. "He didn’t need paid influencers or cringey trends like his failed opponent. All he had to do was go where Gen Z was, TikTok, and lay out his plan."

Representatives of TikTok, which is owned by Chinese tech company ByteDance, are set to deliver arguments before the U.S. Supreme Court on Friday to request the nation’s highest court to delay a ban on the app that is set to take effect a day ahead of the inauguration. President Biden signed legislation into law in April that gave TikTok's parent company until Jan. 19 to sell it or face a U.S. ban.

If the Supreme Court does not halt the ban, U.S. TikTok users will no longer be able to download the app, and internet providers will be prohibited from allowing access to the site. 

WILL TRUMP WHITE HOUSE RESCUE TIKTOK FROM LOOMING BAN? PRESIDENT-ELECT HAS DONE A 180 ON THE APP

The looming ban originated out of concern that American users’ data is gathered by the Chinese government, but MAGA Republicans and content creators who spoke with Fox Digital balked at the reasoning as insincere. 

"I have done, if not, the deepest possible dive on all of the concerns associated with the platform, especially for my daily show when I share my opinions and commentary on what's going on in culture and politics," TikTok creator and TPUSA commentator Isabel Brown, who has more than 500,000 followers on TikTok, told Fox Digital in a phone interview. "And we've confronted this potential ban of the platform for at least nine months to a year now … the complaints that I'm hearing, from particularly politicians, largely center around national security."

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"But I have a very hard time believing that the true argument to censor TikTok is based in a national security concern when we still have documented evidence of virtually every single American social media company. Meta, Twitter, YouTube, etc, selling your data under the table to your own government and/or the Chinese Communist Party and even the Russian government as well." 

"Heck, we even have records of Airbnb selling American data to the Chinese Communist Party. So there doesn't seem to be a lot of willingness to truly protect the cyber and personal information security of American citizens from the government en masse, it seems to only be focused on TikTok as a platform itself," Brown continued. 

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President-elect Donald Trump's supporters praising TikTok comes after the former and upcoming president made big inroads with Gen Z, especially young male voters, in the last cycle. A Fox News Voter Survey published after the election found that men aged 18-44 supported Trump at 53% compared to Vice President Kamala Harris at 45%. 

"​​We're talking about an app that nearly 200 million Americans, 75% of whom are Gen Z, use every single day as our primary source of news, and according to some studies, even as our primary web browser search tool, so more than Google … and I have found that the opportunity for virality – to have a conversation with as many people as possible – on Tiktok is unparalleled on any other social media platform," Brown said. 

A Republican strategist told Fox News Digital that TikTok is by all intents and purposes a "conservative platform." 

"By all means, TikTok is a conservative platform now - if you take a look at how Trump dominated his competition, there’s no argument against the value this platform has, and I don’t think there’s a world where Trump doesn’t fulfill his promise to save it," the strategist said. 

The GOP insider added that "the fact that [Sen. Mitch] McConnell and [former Vice President Mike] Pence want to ban this thing means it needs to be saved." 

Ahead of the new year, Sen. Mitch McConnell filed an amicus brief with the Supreme Court, urging justices to reject ByteDance’s request to delay the ban. 

"The topsy-turvy idea that TikTok has an expressive right to facilitate the CCP censorship regime is absurd," McConnell’s counsel Michael A. Fragoso wrote in the friend of the court brief. "Would Congress have needed to allow Nikita Khrushchev to buy CBS and replace The Bing Crosby Show with Alexander Nevsky?" 

While former Vice President Mike Pence’s nonprofit, Advancing American Freedom, filed a similar amicus brief with the U.S. Supreme Court last month. 

"The CCP does not respect free speech, either in China or in America. The First Amendment is not, and should not be read as, a means of granting the Chinese government the power to do what the American government could not: manipulate what Americans can say and hear," the group wrote.  

Advancing American Freedom President Tim Chapman told Fox News Digital that Trump's first administration "had this right the first time" when Trump initially worked to ban TikTok before the former and upcoming president reversed his opinion on the app. 

"The Trump administration had this right the first time when they planned to ban TikTok through executive authority for the very same concerns that exist today. Political strategists salivating over clicks and followers does not mean that the national security implications have changed," Chapman said. 

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Emily Wilson, political commentator and host of podcast "Emily Saves America," told Fox News Digital that she can see both sides of the argument surrounding the looming TikTok ban but that instituting a ban would be "hypocritical against free speech."

"The TikTok ban is controversial, I see two sides to it. I see it as an app that’s very left leaning and consumes way too much of people’s time but it is sometimes the only place I get info about stories that should be breaking world wide. At the same time it can be dangerous. It can radicalize young people. One day you wake up on TikTok and young Americans are saying they’re supportive of Osama bin Laden," Wilson told Fox Digital. 

"It seems to be an app leaning towards being anti-American and brainwashing young kids. At the end of the day, if I say to ban it it’s hypocritical against free speech. I just don’t want it harming young people," she added. 

TIKTOK DIVESTMENT COULD BE ‘DEAL OF THE CENTURY’ FOR TRUMP, HOUSE CHINA COMMITTEE CHAIR SAYS

Trump himself has made a 180-degree turn on TikTok. Under his first administration, in 2020, Trump tried to ban the app from the U.S. market over national security concerns. His executive order, however, was eventually blocked in federal court.

Fast-forward to 2024 amid the campaign cycle, and Trump joined the app in June during the campaign cycle and has since racked up nearly 15 million followers and 107 million likes as supporters flocked to his content on the platform. Trump also filed an amicus brief with the Supreme Court last month, which supported neither party in the case, arguing the fate of the platform should be left up to his administration. 

"Today, President Donald J. Trump has filed an amicus brief in the U.S. Supreme Court asking the Court to extend the deadline that would cause TikTok’s imminent shutdown, and allow President Trump the opportunity to resolve the issue in a way that saves TikTok and preserves American national security once he resumes office as President of the United States on January 20, 2025," Trump spokesman and incoming White House Communications Director Steven Cheung told Fox News Digital last month. 

"President Donald J. Trump (‘President Trump’) is the 45th and soon to be the 47th President of the United States of America," the brief states. "On January 20, 2025, President Trump will assume responsibility for the United States’ national security, foreign policy, and other vital executive functions." 

Fox News Digital’s Brooke Singman, Paul Steinhauser and Morgan Phillips contributed to this report. 

Leaders in the tech industry are urging the Biden administration not to add a new regulation that will limit artificial intelligence exports, citing concerns it is overbroad and could diminish the United States' global dominance in AI.  

The new rule, which industry leaders say could come as early as the end of this week, effectively seeks to shore up the U.S. economy and national security efforts by adding new restrictions on how many U.S.-made artifical intelligence products can be deployed across the globe. 

"A rule of this nature would cede the global market to U.S. competitors who will be eager to fill the untapped demand created by placing arbitrary constraints on U.S. companies' ability to sell basic computing systems overseas," stated a Monday letter from Jason Oxman, the president and CEO of the Information Technology Industry Council (ITI), sent to Commerce Department Secretary Gina Raimondo. "Should the U.S. lose its advantage in the global AI ecosystem, it will be difficult, if not impossible, to regain in the future."

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The process to place new export controls on artificial intelligence goes back to October 2022, when the Biden administration's Commerce Department first released an updated export framework aimed at slowing the progress of Chinese military programs. Details of the new incoming export controls surfaced after the Biden administration called on American tech company NVIDIA to stop selling certain computer chips to China the following month.

In an update to the rule the following year, the Biden administration announced the initiation of a public notice and comment period. Finally, last month, as the president's term in the White House winds down, the administration published two new updates to the rule that added more limits to the proposed export controls. The rule is now in its final stages before it will be formally published in the Federal Register.

"The Bureau of Industry and Security’s ('BIS') proposed Interim Final Rule ('IFR') is a highly complex and wildly overbroad attempt to regulate Artificial Intelligence and GPUs in the name of national security," Ken Glueck, the executive vice president at Oracle, wrote in a blog post Sunday that was published to his company's website. 

"For over half a century, bipartisan consensus has held that the best way to achieve U.S. technological leadership is to regulate technology with a light touch. As a result, American companies have continued to lead each successive generation of technology, from the personal computer to the Internet, to mobile, to the cloud, and now Artificial Intelligence."

In addition to fears that the new regulations will stifle economic growth in the domestic AI sector, some critics have also argued that blocking American AI manufacturers from selling their computer chips around the globe could actually benefit China. 

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"The Biden administration is trying to force other countries to pick a side – the United States or China – and it is likely going to discover that if it issues this ultimatum, many will pick China," Stephen Ezell, vice president of global innovation policy at the Information Technology and Innovation Foundation, said in a Tuesday statement published on the foundation's website. 

"Moreover, the United States should be countering efforts by China and Russia, which recently launched an AI Alliance Network among BRICS countries, to offer its own allies and partners access to AI data, models, and computer resources," he added.

Ezell and others also highlighted the rushed nature of the new proposed rule on export controls, arguing that hurrying to get it finalized has been at the cost of adequate industry input on the new regulations. 

"We respectfully caution against making such a swift and significant shift in policy during this transitional period, and without meaningful consultation with industry," the Semiconductor Industry Association said in a Monday statement. The group encouraged the Biden administration to "hand over the policymaking process" to the incoming Trump administration because it will "ensure there is appropriate opportunity for government and industry leaders, together with our global partners, to thoughtfully address this critical matter."

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It is uncertain exactly how the incoming administration might approach this issue. Trump has signaled he is not afraid to initiate new trade deals and could potentially use the export controls as leverage.

However, the president-elect said following his November election victory that a focus of his second term will be to "win the A.I. arms race with China (and others)."

"With U.S. Energy Dominance, we will drive down inflation, win the A.I. arms race with China (and others), and expand American Diplomatic Power to end Wars all across the World," Trump wrote in an email announcing former North Dakota Gov. Doug Burgum as the new head of the Interior Department.  

Fox News Digital reached out to the White House for comment but did not receive a response by publication time.

The decision by Meta CEO Mark Zuckerberg to end Facebook's work with third-party fact-checkers and ease some of its content restrictions is a potentially "transformative" moment for the platform, experts said, but one that is unlikely to shield the company from liability in ongoing court proceedings.

The updates were announced by Zuckerberg, who said in a video that the previous content restrictions used on Facebook and Instagram — which were put into place after the 2016 elections — had "gone too far" and allowed for too much political bias from outside fact-checkers.

Meta will now replace that system with a "Community Notes"-style program, similar to the approach taken by social media platform X, he said. X is owned by Elon Musk, the co-director of the planned Department of Government Efficiency.

"We’ve reached a point where it’s just too many mistakes and too much censorship," Zuckerberg said. "The recent elections also feel like a cultural tipping point toward once again prioritizing speech. So we are going to get back to our roots, focus on reducing mistakes, simplifying our policies, and restoring free expression on our platforms."

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The news was praised by President-elect Donald Trump, who told Fox News Digital that he thought Meta's presentation "was excellent."  "They have come a long way," Trump said.

Still, it is unlikely to ease the legal liability for Meta, which in recent months has been hit with the possibility of a multibillion-dollar class action lawsuit stemming from a privacy scandal involving the political consulting firm Cambridge Analytica. 

The Supreme Court in November rejected Meta's effort to block the lawsuit, leaving in place an appellate court ruling that allowed the class action suit to move forward. 

Meta has also been the target of multiple Republican-led investigations in Congress. Republicans on the House Subcommittee on the Weaponization of the Federal Government probed Meta's activity and communication with the federal government and the Biden administration last year as part of a broader investigation into alleged censorship. 

The platform also came under scrutiny by the House Oversight Committee in August, as part of an investigation into claims that the platform suppressed information about the July 13 assassination attempt of Trump. 

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Combined, these factors make it unlikely that Meta will see its legal problems go away anytime soon, law professor and Fox News contributor Jonathan Turley told Fox News Digital in an interview.

"Facebook is now looking at a tough patch ahead," he said. "Not only do the Republicans carry both houses of Congress as well as the White House, but there is ongoing litigation in the social media case in Texas."

Additionally, the Supreme Court's conservative majority is also unlikely to be sympathetic to the views of Meta in any case centered on First Amendment protections and rights to free speech.

The House investigations and litigation have both forced more of Meta's actions into public view— something Turley said expects to come under further scrutiny in the discovery process in Missouri v. Biden, a case that centers on allegations of political censorship.

"That discovery is still revealing new details," Turley said. "So Meta understood that in the coming months, more details would be forthcoming on its censorship program."

Still, he said, this "could be a transformative moment," Turley said. 

"And an alliance of Zuckerberg with [Elon] Musk could turn the tide in this fight over free speech," Turley said. "And as one of Zuckerberg's most vocal critics  I welcome him to this fight."

Former NFL sideline reporter Michele Tafoya ripped Meta CEO Mark Zuckerberg on Tuesday after the billionaire announced he would get rid of Facebook’s fact-checking program.

The third-party fact-checking system will be replaced with community notes similar to X, Zuckerberg said in a video.

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The company’s system was put into place after the 2016 election and was used to "manage content" and misinformation on its platforms, largely due to "political pressure," executives said, but admitted the system has "gone too far." Political bias from the fact-checkers appeared to be one of the main issues.

Tafoya appeared on OutKick’s "Don’t @ Me with Dan Dakich" to talk about Zuckerberg’s decision. Dakich asked her what gave Zuckerberg the right to do the about-face now.

"Absolutely nothing. This is not unique to Facebook. I had a guest on my podcast yesterday, Gad Saad, a professor out of Canada, so much has gone on up there under the Justin Trudeau administration that has been really similar," Tafoya said. "People being absolutely wiped out of their professions. We’re talking doctors, researchers, professors, medical experts because they either said something kind of cutesy that someone was uncomfortable with.

META ENDS FACT-CHECKING PROGRAM AS ZUCKERBERG VOWS TO RESTORE FREE EXPRESSION ON FACEBOOK, INSTAGRAM

"This suppression of human thought, this suppression of human opinion, is completely antithetical to America and free speech. People don’t see it happening or they’re OK with it. This should be massive, flashing red light.

"Mark Zuckerberg knows what he did was wrong, and now he’s going to try and fix it and hope we just say, ‘Oh, good for you, you fixed it, Mark.’"

Meta’s chief global affairs officer, Joel Kaplan, told Fox News Digital earlier Tuesday that using community notes is a better option.

"Instead of going to some so-called expert, it instead relies on the community and the people on the platform to provide their own commentary to something that they’ve read," Kaplan explained, noting that if a note gets support from "the broadest cross-section of users," that note can be attached to the content for others to see.

"We think that’s a much better approach rather than relying on so-called experts who bring their own biases into the program," Kaplan said.

Fox News’ Brooke Singman contributed to this report.

Follow Fox News Digital’s sports coverage on X and subscribe to the Fox News Sports Huddle newsletter.

The Republican attorneys general of Virginia and Montana recently filed an amicus brief asking the Supreme Court to require TikTok to sever its ties with the Chinese Communist Party (CCP) as the fate of the social media platform in the U.S. remains uncertain.

The amicus brief, filed Friday, came the same day President-elect Trump filed an amicus brief of his own, asking the Supreme Court to pause the TikTok ban and allow him to make executive decisions about TikTok once he is inaugurated.

In an announcement, Virginia Attorney General Jason Miyares said he, along with Montana Attorney General Austin Knudsen and other state legal officials, had recently petitioned the Supreme Court to uphold the divest-or-ban law against TikTok.

The social media company has been intensely scrutinized over its parent company, ByteDance, which is connected to the CCP. In his brief, Miyares argued whistleblower reports prove ByteDance has shared sensitive information with the CCP, including Americans' browsing habits and facial recognition data.

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"Allowing TikTok to operate in the United States without severing its ties to the Chinese Communist Party exposes Americans to the undeniable risks of having their data accessed and exploited by the Chinese Communist Party," Miyares said in a statement. "Virginians deserve a government that stands firm in protecting their privacy and security.

"The Supreme Court now has the chance to affirm Congress’s authority to protect Americans from foreign threats while ensuring that the First Amendment doesn’t become a tool to defend foreign adversaries’ exploitative practices."

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Trump's brief said it was "supporting neither party" and argued the future president has the right to make decisions about TikTok's fate. Steven Cheung, Trump's spokesman and the incoming White House communications director, told Fox News Digital Trump's decision-making would "preserve American national security."

"[The brief asked] the court to extend the deadline that would cause TikTok’s imminent shutdown and allow President Trump the opportunity to resolve the issue in a way that saves TikTok and preserves American national security once he resumes office as president of the United States on Jan. 20, 2025," Cheung said.

Trump's brief notes he "has a unique interest in the First Amendment issues raised in this case" and that the case "presents an unprecedented, novel, and difficult tension between free-speech rights on one side, and foreign policy and national-security concerns on the other."

"As the incoming Chief Executive, President Trump has a particularly powerful interest in and responsibility for those national-security and foreign-policy questions, and he is the right constitutional actor to resolve the dispute through political means," Trump's brief said.

Fox News Digital's Brooke Singman contributed to this report. 

Congress's bipartisan task force on artificial intelligence (AI) released its long-anticipated report this week, detailing strategies for how the U.S. can protect itself against emerging AI-related threats while ensuring the nation remains a leader in innovation within this rapidly evolving sector.

Responses to the report, which sought to strike a "flexible sectoral regulatory framework," were positive and with mixed concerns. 

"The Task Force report offers a thoughtful and forward-thinking framework that balances AI's transformative economic potential with the imperative to address legitimate safety concerns," said Dr. Vahid Behzadan, a professor in the computer science department at the University of New Haven. "That said, there's still work to be done."

He pointed to the importance of developing an "international collaboration strategy," especially with U.S. allies, the need to establish "clearer priorities among the many recommendations provided" and the need for more guidance on market competition and consolidation. 

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The Center for AI Policy, a nonpartisan research organization based in the nation's capital, issued a press release that commended lawmakers for their work on the report. But the group echoed Behzadan's remarks about the need for more detail.

"The body of the report does not contain enough detail about how or when these frameworks will be created," the group said after the report's release. It also expressed concern over the report's lack of emphasis on "catastrophic risks" posed by AI.

"Congress has deliberated on AI for two years now, and it is time to start moving forward with decisive action," the press release stated. 

Yaron Litwin is the chief marketing officer for Canopy, a digital parenting app and an expert in how AI technology is revolutionizing parental control and internet safety. He said "we need faster" and "stronger" protections than what was laid out in the report. "To me, the report appears more business-friendly than not."

The report pointed out that it would be "unreasonable to expect Congress to enact legislation this year that could serve as its last word on AI policy." But while Congress may be slow to act, some states have already moved the ball forward on regulating AI, and experts who spoke to Fox News Digital said the report could serve to bolster those efforts.

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Lawmakers in Colorado enacted the first comprehensive piece of AI legislation this year, which placed certain obligations on developers of "high-risk artificial intelligence systems." Meanwhile, in California, lawmakers passed a bill this month aiming to regulate AI in health care.

"These federal soft law standards could work alongside state efforts to protect consumers and give businesses clear, consistent, and science-based federal guidelines," said Tatiana Rice, Deputy Director for U.S. Legislation at the Future of Privacy Forum, a nonprofit that explores challenges posed by technological innovation. Rice pointed out that an increasing number of state AI laws "include carveouts or assumptions of compliance if businesses adhere to federally recognized standards," and she noted that Congress's approach will likely "make it easier for businesses to meet legal requirements, incentivize consumer trust and safety, and reduce regulatory complexity."

Craig Albright, Senior Vice President of U.S. Government Relations for the Business Software Alliance, posited that the report could likely encourage states "to be more aggressively [sic] next year than what we are expecting to see in Congress."

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On the issue of whether the 25-page report strikes the balance that lawmakers were hoping for in terms of balancing regulation with the need to foster innovation, experts who spoke to Fox News Digital expressed optimism.

"The House AI Working Group report strikes the right tone," Dakota State University President José-Marie Griffiths told Fox News Digital. Griffiths has advised both the Senate and White House on AI policy, including Sen. Mike Rounds, R-S.D., co-chair of the Senate AI Caucus. 

"While there will always be debate over regulation versus not enough government oversight, the report is a step in the right direction," said Griffiths. "With the development of any new technology, regulation requires a nuanced and flexible approach. My recommendation going forward will be for Congress to pick and choose to legislate on specific aspects of AI policy."

Griffiths' reaction to the report was echoed by others who warned that in such a rapidly evolving industry, it will be critical not to get trigger-happy with regulations that could soon become obsolete.

"It is encouraging that the report suggests taking an incremental approach to AI policy," said JD Harriman, a partner at Foundation Law Group who has worked as outside patent council at technology corporations like Apple and Pixar. "Many areas of technology have been stifled by over-regulation before a complete understanding of the technology was undertaken."

"The task force’s honesty – ‘We don’t know what we don’t know’ – is both refreshing and daunting," added Cassidy Reid, the founder of Women in Automation, a nonprofit group that supports women in the tech sector. "It acknowledges the speed of AI’s evolution but raises a bigger question: Are we ready to govern something so inherently unpredictable?"

The Commerce Department is pushing to spend every dollar allocated under President Biden's CHIPS and Science Act before President-elect Donald Trump enters the White House, the agency's Secretary Gina Raimondo said during an interview this week. 

Speaking to Politico, Raimondo said that it is the agency's goal "to have really almost all of the money obligated" by the end of Biden's term and that the upcoming transition to a Trump administration represents "a clear deadline."

"That’s the goal. And I certainly want to have all the major announcements done as it relates to the big leading edge companies," Raimondo said. "I also would like to have all of that research and development money out the door by the time we leave as well."

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Raimondo told Politico that she has been pushing her staff at the department hard to make these goals a reality, noting they worked all last weekend to shore up the spending. 

In total, the CHIPS and Science Act allocated roughly $53 billion to help try to bring semiconductor supply chains back to the U.S. and to invest in research and development initiatives, among other programs aimed at boosting domestic chip manufacturing.

Thus far, only two companies have formalized binding awards to receive funding, according to Politico, and in order to get all the CHIPS Act's funding out the door before Trump's arrival, the agency must shore up multiple multibillion-dollar deals. The department has provisionally awarded much of the grant money so far, but much of it is tied up in complex negotiations, the Wall Street Journal reported.

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Meanwhile, Trump has publicly shared his plans to claw back much of Biden's spending from the last four years and has derided Biden's CHIPS Act as "so bad." He has also expressed fervent support for trade tariffs, which Trump could use in an attempt to spur domestic manufacturing as opposed to spending more money.

On Tuesday, Trump announced Cantor Fitzgerald CEO Howard Lutnick as his choice to replace Raimondo. Lutnick has expressed support for Trump's trade tariffs and cutting government spending. 

The Department of Commerce did not provide Fox News Digital with any on-the-record comments prior to publication of this story. 

On Tuesday, the Department of Education's Office for Civil Rights (OCR) released presidentially-mandated guidance that lays out how schools' use of artificial intelligence (AI) can be discriminatory toward minority and transgender students, "likely" opening them up to federal investigations.

President Biden signed Executive Order 14110 last year mandating that the Education Department develop resources, policies and guidance regarding AI in schools to help ensure responsible and non-discriminatory use, "including the impact AI systems have on vulnerable and underserved communities."

"The growing use of AI in schools, including for instructional and school safety purposes, and AI’s ability to operate on a mass scale can create or contribute to discrimination," the Education Department's guidance states. "This resource provides information regarding federal civil rights laws in OCR’s jurisdiction and includes examples of types of incidents that could, depending on the facts and circumstances, present OCR with sufficient reason to open an investigation." 

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The first seven examples laid out in the guidance were scenarios where AI could potentially deny benefits, unfairly single out students or exclude them based on race, color or national origin. 

One scenario suggested that a plagiarism checker, run using generative AI with "a high error rate when evaluating essays written by non-native English speakers," could be racist, unbeknownst to a teacher. Nonetheless, if the school continues using the racist plagiarism checker after students and parents complain, it could "likely" lead to a federal civil rights investigation, the guidance states. 

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Another example suggested that schools using AI to determine appropriate disciplinary procedures for students could also be exhibiting a racial bias.

"Significant disparities by race have persisted in the school’s application of student discipline, and Black students are disciplined more frequently and more harshly than other similarly situated students of another race," the guidance reads. "As a result, the historic school discipline data that the software relies on reflects the school’s discriminatory disciplinary practices."

Other sections of the guidance touched on how AI could lead to sex discrimination, with one of the examples detailing a scenario in which AI could discriminate against students who do not conform to traditional gender norms. The scenario suggested that schools using facial recognition software to check students into school could improperly flag students as a security risk because "they do not conform to the technology’s assumptions as to what girls and boys should look like, based on the sex specified in their school records."

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The guidance notes that students who are falsely flagged can be subjected to "embarrassment and missed class time," and if administrators are "aware of the problem" but continue to use the screening software anyway, it could result in a Title IX violation and a likely investigation by civil rights officers.

Challenging discrimination within AI has been a focal point for the Biden administration, with top leaders at the Justice Department, the Federal Trade Commission, the Consumer Financial Protection Bureau and the Equal Employment Opportunity Commission pledging in April of last year that they would begin using existing federal civil rights and consumer protection laws to crack down on AI systems that are discriminatory.

Those calls from leaders within the Biden administration preceded the president's October 2023 executive order mandating various initiatives to root out discrimination in AI, including Tuesday's published guidance from the Department of Education.

President-elect Donald Trump announced Tuesday that he would be nominating former World Wrestling Entertainment CEO Linda McMahon to be the next leader of the Department of Education. 

The Department of Education did not supply Fox News Digital with any on-the-record comments prior to publication of this story.