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Journal Article - Ethics and Information Technology

Code as Speech: a discussion of Bernstein v. USDOJ, Karn v. USDOS, and Junger v Daley in light of the U.S. Supreme Court's shift to Federalism

| August 2001

The purpose of this paper is to address the question of whether computer source code is speech protected by the First Amendment to the United States Constitution or whether it is merely functional, a "machine", designed to fulfill a set task and thereforebereft of protection.