Hacker News new | ask | show | jobs
by CamperBob2 3 days ago
That's going to hit first amendment grounds pretty quick, the same way that software in general did

Don't count on that. "National security" == the cheat code for the US court system that instantly bypasses any First Amendment issues.
1 comments
formerly_proven 3 days ago
That was the literal reason given back then and it did not stick.

https://en.wikipedia.org/wiki/Crypto_Wars https://en.wikipedia.org/wiki/Bernstein_v._United_States

link
CamperBob2 3 days ago
That was also a very different SCOTUS bench.
link
accountrequired 3 days ago
I'm in this timeline where SCOTUS did not rule on Bernstein
link
CamperBob2 3 days ago
Was it before or after the Federalist Society and other political actors successfully placed a lot of unqualified judges on the lower courts?
link
majormajor 3 days ago
Looks like Bernstein wasn't even a Supreme Court bench, the government loosened regs rather than appealing.

Whether or not a Trump admin would do the same is wildly difficult to predict. On one hand, Republican security hawks influence. On a similar hand, big US business interests. On the other hand, OTHER big US business interest. On yet another hand, some not-exactly-particularly-favored companies like Anthropic pushing for it.

If it made it to the Supreme Court it's not hard to see Gorsuch and Robert or another going for the "free speech" vs "security" reading here along with the 3 appointees of Democratic presidents, especially with no single clear US business interest or precedent there.

link