
Court Allows EFF's First Amendment Challenge to DMCA §1201 to Proceed - sinak
https://www.eff.org/document/green-v-doj-memorandum-opinion
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sinak
To be clear, this lawsuit specifically takes on §1201, the anti-circumvention
provisions of the DMCA.

From the Wilson Sonsini Press Release:

> In a big win for critics of Section 1201, the court held that Green and
> Huang satisfy the injury-in-fact requirement for Article III standing,
> meaning they have standing to challenge the statute on First Amendment
> grounds moving forward. In another big win, the court affirmed that "code is
> speech"—and thus protected by the First Amendment—and that using code to
> circumvent technical protection measures "arguably implicates" First
> Amendment rights as well. In so doing, the court dismissed the government's
> assertion that Green and Huang's desired acts of circumvention are not
> protected speech. Finally, although the court dismissed Green and Huang's
> facial challenges to the DMCA as an unlawful prior restraint, it concluded
> their "as-applied" First Amendment challenges can move forward, denying the
> government's motion to dismiss that claim.

[https://www.wsgr.com/wsgr/Display.aspx?SectionName=publicati...](https://www.wsgr.com/wsgr/Display.aspx?SectionName=publications/PDFSearch/wsgralert-
green.htm)

