Court Rules Computer Code is Protected Speech Under First Amendment

1 min

On this day, 26 years ago, Judge Marilyn Patel ruled that computer code is considered speech and protected under the First Amendment. This decision stemmed from a lawsuit by cryptographer Daniel Bernstein against the US government regarding the classification of his encryption software as a weapon.

Key points of the ruling:

  • The court recognized the constitutional right to express ideas through code.
  • Cryptographic tools were previously classified with arms, requiring licensing for publication outside the US.
  • The Electronic Frontier Foundation supported Bernstein's case, highlighting the importance of code in expressing algorithmic ideas.
  • The ruling facilitated the development of strong encryption technologies for e-commerce and private enterprise.
  • Without this legal protection, the release of Bitcoin could have been delayed significantly.

This landmark decision affirmed the freedom of cryptographers to share their work without governmental restrictions.