“The relevant part of the First Amendment here prohibits the making of any law, quote, "abridging the freedom of speech." And it's pretty well-established that speech comes in many forms.” FirstsWellsFormLawSpeechRelevantAmendmentsFreedom Of SpeechFirst Amendment Author:Laura Sydell
“[Eric]Goldman [a professor at Santa Clara University School of Law] says back in the 1990s, courts began to confront the question of whether software code is a form of speech. Goldman says the answer to that question came in a case called Bernstein v. U.S. Department of Justice. Student Daniel Bernstein who created an encryption software called Snuffle. He wanted to put it on the Internet. The government tried to prevent him, using a law meant to stop the export of firearms and munitions. Goldman says the student argued his code was a form of speech.” GovernmentWantedSchoolFormLawJusticeAnswersCasesStudentsInternetSpeechCourtUniversityCodeDepartmentProfessorsSoftwareSantaEricFirearmsEncryptionClara Author:Laura Sydell
“The Ninth Circuit Court of Appeals agreed, and software has been treated as a form of speech ever since. So if software code is speech, Apple says the First Amendment also means the government can't tell Apple what to say.” IfsFirstsMeanHas BeensGovernmentFormSpeechCourtTreatedAppealsCodeApplesSoftwareAmendmentsFirst AmendmentCircuits Author:Laura Sydell