CORLEY ON APPEAL
Ct. Ap. praised & followed Kaplan’s analysis
Some good news?
- Software is 1st A protected speech (programmers express themselves in code)
- No distinction between source & object (object code is like Sanskrit)
- More general affirmation of 1st A protection for scientific & technical info (e.g., instructions)
- “Intermediate scrutiny” applies; need for government to narrowly tailor law to achieve goal