No, not all code is constitutionally protected free speech. Generally speaking, code can be considered speech, but it can also be considered defamation, a munition that could not be exported, a dangerous device that a convicted person could not possess, or a number of other Very Bad Things that could get a fella in a jam.

Look to Universal Studios v. Corley for an example of code (speech) that is nonetheless not free, because the government has an interest and can regulate subject to intermediate scrutiny.

> Truly I dare someone to try to take me to court over this. Would be great publicity for our coercion resistant approach.

IANYL but that’s commendable. Ain’t a lot of people got a code to live by anymore. But it’s double the reason you should touch base with an attorney. Remember this: test cases have to know what they’re testing. If you want to move the law forward you have to break it correctly.