Apple’s “Code = Speech” Mistake:
"The right question to ask is whether the government’s regulation of a particular kind of code (just like regulations of spending, or speaking, or writing) threatens the values of free expression. Some regulations of code will undoubtedly implicate the First Amendment. Regulations of the expressive outputs of code, like the content of websites or video games, have already been recognized by the Supreme Court as justifying full First Amendment treatment.
It’s also important to recognize that as we do more and more things with code, there will be more ways that the government can threaten dissent, art, self-government, and the pursuit of knowledge." 'via Blog this'