[wildmusings]

>"Communication does not lose constitutional protection as “speech” simply because it is expressed in the language of computer code."

Well duh. I can express a book as a C program and that is obviously protected speech. You can't take a shortcut like "is it code" to determining whether something is protected speech. Just because something is expressed in the "language of computer code", doesn't mean it gains constitutional protection as speech. You have to do a substantive evaluation.