an argument for source code is free speech (Score 1)

I don't know this for sure, because I have never had a chance to read them myself, but who here has read The Art of Computer Programming?

According to Barnes & Noble's summary, some of it is about "information structures-the representation of information inside a computer, the structural relationships between data elements and how to deal with them efficiently." Representing things is expressive, you convey information not only through what you represent, but how you represent it. Compare a poem to a story as two means of representation. Completely different forms can express completely different meanings. The Supreme Court has ruled that anything that is expressive is free speech, from draft card burning to singing to writing. A program is a means of representing and computer information. The way you do that representing is expressive. Especially if computer programming is an art.

On a slightly different note (at least a different angle of the same problem), what about the cases Bernstein V. USDOJ and Peter D. Junger v. William Daley, United States Secretary of Commerce, et al.? Both are Circuit Court of Appeals cases, ninth and sixth, respectively. Both cases say code is free speech. Junger v. Daley is especially good, here is Slashdot's coverage of the case. Read it, it will give you a nice warm feeling inside in light of all the bad news.