logoalt Hacker News

hellojesusyesterday at 5:37 AM3 repliesview on HN

Are these laws not 1A violations due to code being speech and the gov not being allowed to compel speech?


Replies

cobbzillayesterday at 7:42 AM

Bernstein v US says you’re right but let’s see if it gets there and hope they get legal reasoning right. One can hope the EFF and others are on this. Anyone know about any current challenges?

dragonwriteryesterday at 5:39 AM

To the extent code is functional rather than expressive it is not speech, and when the government seeks to compel code, it generally seeks to compel function not expressive content.

(That doesn’t mean it is not a bad idea, and even perhaps unconstitutional for other reasons.)

show 1 reply
gzreadyesterday at 12:33 PM

To about the same extent that food labeling is a 1A violation.

show 1 reply