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Comment by morninj | Hacker News Reader

If writing code isn't speech, what is it?

Speaking!

Is it only speech/writing because high level languages are like English? Are low level languages, down to the point of setting individual bits, also speech/writing? Is flipping a bank of 8 single pole single throw switches speech/writing?

When we refer to 1st amendment free "speech," we are not referring to the physical act of speaking words, but to the general act of expression

If your reason for flipping those switches is to express an idea, then yes. If for some reason the number 7 was outlawed and you decided to flip those switches to 00000111, you'd be protected by the First Amendment.

Before someone says outlawing a number won't ever happen, look up what a Free Speech Flag[1] is.

[1]: https://en.wikipedia.org/wiki/Free_Speech_Flag

> your reason

Does it come down to exclusively my reason? My reason might go uncommunicated, and if so, does someone else get to infer my reason?

Setting the state of physical switches being considered an expression of an opinion/idea (speech) also seems like a slippery slope toward all other physical actions being speech if "my reason" agrees.

That's why we have the courts to rule exactly what is and isn't protected (versus having a big long list needing constant revision [like the DMCA exception list]). Granted, flipping switches isn't the best example, but if Free Speech Flags are protected, I can't see why flipping a set of switches is any different.

Now, IANAL, but the act of writing the AACS encryption key to your RAM (I would assume) is protected (websites listing it place it in your RAM). But if you were to actually use that key in ways not allowed by the DMCA, then you're not protected.

> Setting the state of physical switches being considered an expression of an opinion/idea (speech) also seems like a slippery slope toward all other physical actions being speech if "my reason" agrees.

I can't imagine why setting those switches as an act of defiance would be illegal, but if the number "7" was the encryption key for a DVD, actually using those switches as the encryption key would be illegal.

Again, IANAL, and this is just speculation based on my understanding of the law

And why wouldn't it? Morse code and braille don't look like English either.

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