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No. The First Amendment limits what the government can do to restrict your right to free speech. The DMCA, and Section 1201, is the Government limiting the power of freedom of speech, and so the First Amendment is applicable.

By signing a EULA, you are accepting a limitation of your freedom of speech and (along with other factors - e.g. money) gaining some compromise instead (a car). That's not First Amendment territory in the same way that moderation of an online forum isn't.

The First Amendment prevents laws being made, not contracts being signed. It means it's not illegal, not that it isn't a breach of contract.

(IANAL - Obligatory XKCD https://xkcd.com/1357/)




Ah, thank you for clarifying! I'm not a US citizen so I don't know much about the US-specific rights and laws.




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