[free-sklyarov] legal precedent for code as free speech?
Peter D. Junger
junger at samsara.law.cwru.edu
Sun Jul 22 07:23:43 PDT 2001
"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
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