Pursuits

Apple-FBI Fight Asks: Is Code Protected as Free Speech?

  • IPhone maker is seeking to use First Amendment as a defense
  • Case may set precedent for considering software as expression

Apple and the First Amendment: Code as Free Speech

Lock
This article is for subscribers only.

Is software merely a set of instructions, telling a computer what to do? Or is it a unique, creative work that expresses a point of view and is protected under the First Amendment of the U.S. Constitution?

The answers to these questions get to a key part of the legal fight between Apple Inc. and the U.S. government.