Susanne Posel (OC) : Apple is expected to use the protections under the 1st Amendment right to free speech as a “key legal argument” in the battle with the Federal Bureau of Investigations (FBI) regarding the request for encryption codes so that data could be removed from the iPhone belonging to the San Bernardino shooters.
By using the argument that “being required to create and provide specific computer code amounts to unlawful compelled speech”, Apple is seeking to broaden the rights afforded by the 1st Amendment.
In essence, Apple will be using the computer-code-is-free-speech angle, which could be met with skepticism by the judiciary. Proving computer code is free speech would necessitate that the code is of a “substantive message”.
In preparation, the company “has retained two prominent, free-speech lawyers to do battle with the government.” Interestingly, Apple hired Theodore Olson, who won the political-speech case Citizens United v. Federal Election Commission in 2010.
In response to the FBI’s requests, Tim Cook, chief executive officer for Apple said: “While the government may argue that its use would be limited to this case, there is no way to guarantee such control. Ultimately, we fear that this demand would undermine the very freedoms and liberty our government is meant to protect.”
Apple’s plans to use the personhood rights afforded to them by Citizens United is being reluctantly hailed as an act of patriotism; and yet it is an example of corporatism hard at work.
Citizen’s United allows for corruption in politics as it established corporate “personhood” which is a legal fiction that is enacted as if it were true.
The emphasis on money paves the way for censorship of the 1st Amendment because the law promises that those with the money can purchase legislation that suits them.
And it has allowed corporations and unions to coerce with cash and control members of Capitol Hill that can be purchased; as well as being responsible for injecting cash into the hands of non-profit organizations because disclosures of amounts are not required.
But now, Apple could be paving the way for a new perspective on the personhood allowance to corporations if they are successful against the FBI.
Susanne Posel, Occupy Corporatism
Source Article from http://nsnbc.me/2016/02/20/apple-taps-citizens-united-in-free-speech-defense-against-fbi/
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