[wtallis]

The First Amemdment itself doesn't directly apply to Intel, but there are a lot of relevant legal protections pertaining to the general idea of protecting the press. In particular, this seems to be fundamentally a copyright license that's at issue. News reporting, scholarship and research are all explicitly listed as purposes that can qualify as fair use. Using copyrighted material to research and report on the nature of defective goods being sold to the public strikes me as pretty likely to be ruled as fair use, especially when using the copyrighted microcode in a manner contrary to Intel's license is necessary to properly fact-check a news story about their processor flaws.