Junger v. Daley

209 F.3d 481 (2000)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Junger v. Daley

United States Court of Appeals for the Sixth Circuit
209 F.3d 481 (2000)

Facts

Encryption source code was a special computer programming language, such as BASIC, C, or Java, that was used to make encryption software. Encryption software instructed a computer’s circuitry to execute an encoding process, which was the basis for converting a readable message into scrambled form. Encrypted messages were important for military operations and national-security reasons. Computer programmers who were familiar with specified programming languages could read and understand source code, while most people could not. Professor Peter Junger maintained websites on university classes that he taught, including a class on computers and the law. Junger wanted to post encryption source code on his website to demonstrate how computers work. However, under the Export Administration Regulations (EAR), Junger’s post was defined as an “export,” and encryption source code was regulated for national-security reasons. The EAR generally classified and licensed electronic exports of nonmilitary technology and software, including items used for encryption. Junger filed an action against the head of the relevant government agency (defendant) to obtain a declaration that Junger could post the specified computer source code on his website because it was protected under the First Amendment. The district court disagreed and granted summary judgment for the government. The court found that the source code was not sufficiently expressive to warrant protection under the First Amendment. Junger appealed.

Rule of Law

Issue

Holding and Reasoning (Martin Jr., C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 735,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 735,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 735,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership