[free-sklyarov] legal precedent for code as free speech?

[Peter D. Junger]

"James S. Tyre" writes:

: Actually, Judge Kaplan did say in the 2600 case that code is speech, but he 
: found that restrictions on it are subject only to what is called 
: intermediate scrutiny, rather than strict scrutiny, and that the functional 
: aspects of DeCSS outweighed the speech aspects.
: 
: The other case you're thinking of is Junger v. Daley, which is similar to 
: Bernstein, but in a different Circuit.  It's actually the only appellate 
: opinion on point, since the Ninth Circuit Opinion in Bernstein was vacated 
: after the gov't meaningfully changed the crypto export regs.  (In theory, 
: one isn't supposed to cite to a vacated Opinion, but in the 2600 case, 
: everyone, including Judge Kaplan, did it anyway.)
: 
: EFF has all of the various Bernstein decisions archived, probably Junger 
: also, but if not, EPIC should have Junger.

The Sixth Corcuit's opinion in Junger v. Daley can be found at 
<http://samsara.law.cwru.edu/victory.txt>. [This is the original slip opinion 
without official page numbers.] The District Court opinion that was reversed 
and many, although not all, of the filings in the case can be found at 
<http://samsara.law.cwru.edu/comp_law/jvd/index.html>.

--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
 EMAIL: junger at samsara.law.cwru.edu    URL:  http://samsara.law.cwru.edu   
        NOTE: junger at pdj2-ra.f-remote.cwru.edu no longer exists