Apple likely to invoke free-speech rights in encryption fight

"Apple could argue that being required to create and provide specific computer code amounts to unlawful compelled speech, said Riana Pfefferkorn, a cryptography fellow at Stanford University's Center for Internet and Society.

The order against Apple is novel because it compels the company to create a new forensic tool to use, not just turn over information in Apple's possession, Pfefferkorn said. "I think there is a significant First Amendment concern," she said."