In many ways, Apple CEO Tim Cook has been saying that and more for many years. He's said … - Laura Sydell

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I'm a believer in that you can't really choose your audience, your audience chooses you.

Laura Sydell

In many ways, Apple CEO Tim Cook has been saying that and more for many years. He's said you don't have to choose between doing good and doing well. But only a few dozen people were lined up outside the Apple Store in San Francisco. That's nothing compared to the hundreds and thousands that line up for new products. Cook is taking a gamble here.

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The FBI wants Apple to write software code to help it break into the iPhone. Apple doesn't want to say this. Andrew Crocker, an attorney with the Electronic Frontier Foundation, or EFF, a digital civil rights group, says the government can't make you say what you don't believe. He looks to a Supreme Court case that began in New Hampshire.

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Looking back at Tim Cook's public appearances in the last few years makes the standoff with the government look almost inevitable.

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The Ninth Circuit Court of Appeals agreed, and software has been treated as a form of speech ever since. So if software code is speech, Apple says the First Amendment also means the government can't tell Apple what to say.

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[Eric]Goldman [a professor at Santa Clara University School of Law] says back in the 1990s, courts began to confront the question of whether software code is a form of speech. Goldman says the answer to that question came in a case called Bernstein v. U. S. Department of Justice. Student Daniel Bernstein who created an encryption software called Snuffle. He wanted to put it on the Internet. The government tried to prevent him, using a law meant to stop the export of firearms and munitions. Goldman says the student argued his code was a form of speech.

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The relevant part of the First Amendment here prohibits the making of any law, quote, "abridging the freedom of speech. " And it's pretty well-established that speech comes in many forms.

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