[lupire]

That's not right.

Publishing is speech (Bernstein vs United States).

Unpublishing the app would avoid the effects of the Act.

[whiddershins]

think about it this way: could any law ever stop any publisher from doing anything and still respect the 1st amendemnt?

[lmm]

When the law is directed at a publisher, the 1st amendment is likely at issue. Especially if that law is singling out one publisher and not applying to any other entity, as this one is.