Court Allows EFF's First Amendment Challenge to DMCA §1201 to Proceed

To be clear, this lawsuit specifically takes on §1201, the anti-circumvention provisions of the DMCA.

From the Wilson Sonsini Press Release:

> In a big win for critics of Section 1201, the court held that Green and Huang satisfy the injury-in-fact requirement for Article III standing, meaning they have standing to challenge the statute on First Amendment grounds moving forward. In another big win, the court affirmed that "code is speech"—and thus protected by the First Amendment—and that using code to circumvent technical protection measures "arguably implicates" First Amendment rights as well. In so doing, the court dismissed the government's assertion that Green and Huang's desired acts of circumvention are not protected speech. Finally, although the court dismissed Green and Huang's facial challenges to the DMCA as an unlawful prior restraint, it concluded their "as-applied" First Amendment challenges can move forward, denying the government's motion to dismiss that claim.

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