Decision in ITAR challenge case

I understand from an AP reporter that the judge in the Bernstein
challenge to the ITAR refuesed the motion to dismiss and -- if the
reporter is correct -- held that source code is First amendment speech.
This appears to conflict with the Karn decision that dismissed a somewhat
similar challenge to the ITAR on political question grounds.

A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law | 
U. Miami School of Law     | froomkin@law.miami.edu
P.O. Box 248087            | http://www.law.miami.edu/~froomkin
Coral Gables, FL 33124 USA | It's warm here.