It's worth checking that claim against the Ninth Circuit's decision [1], because the court said:
> We emphasize the narrowness of our First Amendment holding. We do not hold that all software is expressive. Much of it surely is not ... We hold merely that because the prepublication licensing regime challenged here applies directly to scientific expression, vests boundless discretion in government officials, and lacks adequate procedural safeguards, it constitutes an impermissible prior restraint on speech.
[1] https://cr.yp.to/export/1999/0506-order.html
