Is the FBI violating Apple employees’ First Amendment rights in its efforts to extract data from a terrorist’s iPhone?

Apple filed a motion late last week to vacate a court order obtained by FBI to create a special computer code to unlock the iPhone used by San Bernardino attacker Syed Rizwan Farook. One argument in Apple’s motion is that code is a form of speech — and forced code from the government amounts to compelled speech and viewpoint discrimination in violation of the Constitution.

The issue is likely to come up Tuesday at a Capitol Hill hearing. In prepared testimony, Apple counsel Bruce Sewell said giving the government a tool to unlock iPhones would weaken the security of hundreds of millions of Apple devices.

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