by James Madison (Author)
Computer programs are not exempted from the category of First Amendment speech simply be- cause their instructions require use of a computer. A recipe is no less "speech" because it calls for the use of an oven, and a musical score is no less "speech" because it specifies performance on an electric guitar. Arguably distinguishing computer programs from conventional language instructions is the fact that programs are executable on a computer. But the fact that a program has the capacity to direct the functioning of a computer does not mean that it lacks the additional capacity to convey information, and it is the conveying of information that renders instructions "speech" for purposes of the First Amendment. The information conveyed by most "instructions" is how to perform a task.
Author Biography
On June 8, 1789, Representative James Madison introduced nine amendments to the Constitution in the House of Representatives. Madison proposed inserting specific rights limiting the power of Congress in Article One, Section 9. Seven of these limitations would become part of the ten ratified Bill of Rights amendments.