Junger v. Daley

{{short description|Precedent-setting American court case about freedom to publish encryption software}}{{Italic title}}{{Infobox court case

| name = Junger v. Daley

| court = United States Court of Appeals for the Sixth Circuit

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| full name = Peter D. Junger v. William Daley, United States Secretary of Commerce, et al..

| date decided = April 04, 2000

| citations = 209 F.3d 481

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| decision by = Boyce F. Martin Jr.

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| appealed from = United States District Court for the Northern District of Ohio

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| opinions = Concluded that the First Amendment protects computer source code.

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Junger v. Daley is a landmark court case brought by Peter Junger challenging restrictions on the export of encryption software outside of the United States. The Sixth Circuit court ruled that source code is protected by the First Amendment.

The case was first brought in 1996 (as Junger v. Christopher) to an Ohio district court,{{Cite web |last=Vasvari |first=Raymond |last2=Scarselli |first2=Gino |date=1996-09-30 |title=Plaintiff Seeks Summary Judgment in Cleveland Case Challenging Licensing of "Exports" of Cryptographic Information |url=https://www.eff.org/press/archives/2008/04/21-23 |access-date=2025-06-24 |website=Electronic Frontier Foundation |language=en}} when Junger was a professor at Case Western Reserve University and wanted to teach a class on computer law. Due to restrictions on export of encryption software which classified it as "munition," he would be unable to discuss technical details of encryption with foreign nationals, restricting his ability to accept foreign students into his class. His case, supported by the ACLU of Ohio, argued that the regulations restricted his freedom of speech under the First Amendment.{{Cite web |last=Vasvari |first=Raymond |last2=Scarselli |first2=Gino |date=1996-08-17 |title=Law Professor Sues Federal Government Over Computer Privacy Issues |url=https://www.eff.org/press/archives/2008/04/21-22 |access-date=2025-06-24 |website=Electronic Frontier Foundation |language=en}}{{Cite web |title=Junger v. Daley 209 F.3d 481 (6th Cir. 2000) |url=https://www.acluohio.org/cases/junger-v-daley-209-f3d-481-6th-cir-2000/ |access-date=2025-06-24 |website=ACLU of Ohio |language=en-US}}

Following a district court victory in the Bernstein v. United States case on a similar matter, Junger amended his complaint to ask for an injunction on enforcement of the regulations that prohibited him from publishing his course materials on the Internet. The Ohio district court ruled that source code, being "inherently functional", did not qualify for First Amendment protection. On appeal, the Sixth Circuit found that all source code is protected by the First Amendment, noting that source code "is an expressive means for the exchange of information and ideas about computer programming" and that its functional qualities do not preclude constitutional protection.{{Cite journal |last=Fromer |first=Jeanne C. |date=April 1, 2001 |title=Sixth Circuit Classifies Computer Source Code as Protected Speech: Junger V. Daley, 209 F.3d 481 (6th Cir. 2000) |url=https://ssrn.com/abstract=1271346 |journal=Harvard Law Review |language=English |volume=114 |issue=6 |pages=1813–1818}}

The case is the highest level precedent that holds that computer programs are protected by the First Amendment.{{Cite journal |last=Cohn |first=Cindy |last2=Tien |first2=Lee |date=2007 |title=Peter Junger, Digital Freedom Fighter |url=https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1763&context=caselrev |journal=Case Western Reserve Law Review |volume=58 |issue=2 |pages=315–317}}