If code is speech, the First Amendment could prevent tech companies being forced to add backdoors and moderation tools

? It's already holding up.

Didi Rankovic

The outcome of a legal battle in the US state of Arizona, over the First Amendment and a state law on data protection and sharing by car dealers, could eventually have much broader implications, including on such issues like initiatives to introduce encryption-breaking backdoors.

At the very least, its outcome could provide another building block in the effort to bring more legal clarity to the status of computer code in terms of First Amendment’s free speech protections, particularly the doctrine prohibiting compelled speech.

Become a Member and Keep Reading…

Reclaim your digital freedom. Get the latest on censorship, cancel culture, and surveillance, and learn how to fight back.

Already a supporter? Sign In.

(If you’re already logged in but still seeing this, refresh this page to show the post.)

Having trouble logging in? Get help here.

Read Next

UK Home Office Blocks Journalist’s FOI Request on Asylum Policy NGOs, Citing “Safety Risk” from Social Media

Read the story →

More you should know:

The Illusion of Anonymized Data

Centered dark three-layer database icon over a muted yellow isometric background depicting factories, solar panels, a wind turbine, pipes, screens and small human figures suggesting industrial and tech infrastructure.

The Secret Life of Your Utility Bill

A large stylized blue-and-black eye looms over a detailed city skyline with grungy texture and dark human silhouettes standing in the foreground.

NYPD Built a Surveillance Empire and Put It on the Market

Screenshot of a photo gallery app showing a dark left navigation menu and a top search bar, with a four-photo grid featuring monkeys by water, a festive table setting with orange flowers, a couple holding hands, and a flower-lined park path, plus a narrow phone thumbnail column and fireworks at the right edge.

The Easiest Photo Self-Hosting Exit Ramp from Big Cloud

Person with glasses and long hair tied back sits at a desk typing on a keyboard while looking at two large monitors showing maps and a dark application, with a radio, tablet, pen cup and headphones on the desk.

Across Counties and Cities, The Eyes and Ears Are On

The Illusion of Anonymized Data

Centered dark three-layer database icon over a muted yellow isometric background depicting factories, solar panels, a wind turbine, pipes, screens and small human figures suggesting industrial and tech infrastructure.

The Secret Life of Your Utility Bill

A large stylized blue-and-black eye looms over a detailed city skyline with grungy texture and dark human silhouettes standing in the foreground.

NYPD Built a Surveillance Empire and Put It on the Market

Screenshot of a photo gallery app showing a dark left navigation menu and a top search bar, with a four-photo grid featuring monkeys by water, a festive table setting with orange flowers, a couple holding hands, and a flower-lined park path, plus a narrow phone thumbnail column and fireworks at the right edge.

The Easiest Photo Self-Hosting Exit Ramp from Big Cloud

Person with glasses and long hair tied back sits at a desk typing on a keyboard while looking at two large monitors showing maps and a dark application, with a radio, tablet, pen cup and headphones on the desk.

Across Counties and Cities, The Eyes and Ears Are On

Flat-screen television displaying dense vertical columns of red and blue pixelated code with bright red glowing clusters, set against a dark background with a red reflection on the surface below

Big Brother Comes Built Into the Screen