"Neil Richards, a professor at Washington University School of Law in St. Louis specializing in information law, told The Post that asking a judge to decide a question of whether code acts as speech could present collateral consequences as technology continues to evolve. Because our world revolves so heavily around digital code, he said, "asking if code is speech is like asking if everything is speech," which the First Amendment was not designed for, he said.
"What this case shows is that digital technologies are asking questions of constitutional law that don't have clear answers," he said. "This is just another illustration of the fact that digital technologies don't just destabilize or disrupt industries, they destabilize and disrupt settled legal expectations, and they require us to think carefully about how we apply the law to technology.""