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How is code speech? To me it is the equivalent to nuts and bolts of a machine.



https://en.wikipedia.org/wiki/Bernstein_v._United_States

> After four years and one regulatory change, the Ninth Circuit Court of Appeals ruled that software source code was speech protected by the First Amendment and that the government's regulations preventing its publication were unconstitutional.


The 9th Circuit has also ruled that bees are fish[1], and has regularly bucked precedent that to most of the country is settled jurisprudence. [2] This escalating to a point one of the Circuit's own judges began lambasting the Circuit itself. [3]

https://www.cnn.com/2022/06/06/us/california-bees-fish-court...

https://www.courthousenews.com/carrying-guns-in-public-is-no...

https://reason.com/2022/01/26/a-federal-judges-satirical-opi...

You'll understand if what the 9th Circuit declares has lost a touch of automatic deference from an intellectual, rational consistency, and linguistic abuse point of view, I hope.


Hopefully the next time something like this gets trounced it is congress turning the IRS into like, 20k LOC, instead of ... a bureau.


The US has expansive view of what is speech. A theater play satirizing the US congress is definitely a political statement, yet it also just code for actors, right?




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