The podcast notes that the 1995 case Bernstein v. Department of Justice held that code is speech protected by the First Amendment. This precedent underpins modern internet privacy and encryption. The case was brought by Dan Bernstein with representation by the Electronic Frontier Foundation.
Why it matters: The decision established that encryption software is protected speech, shaping digital privacy and encryption policy.
Summary generated from the sources below. Check the primary source before relying on it; this is not legal advice.