Federal Judge Rules Gun CAD Files are Not Protected Speech - Ammoland.com

 A federal judge in New Jersey ruled that computer code that lets someone produce firearms is not protected speech under the First Amendment.

In the case, Defense Distributed v. Platkin, Federal District Court Judge Michael A. Shipp dismissed the lawsuit that Defense Distributed and the Second Amendment Foundation ( SAF) brought against New Jersey’s law banning the sharing of gun computer-aided design files (CAD). Even before the law was passed, New Jersey issued a cease-and-desist letter to the company in early 2018, demanding it stop publishing firearms information that New Jersey residents could access. Defense Distributed has been posting CAD files on its Def Cad website that allow users to print firearms using 3D printers. New Jersey claimed publishing these files broke the state’s public nuisance and negligence laws.

Defense Distributed claimed First Amendment protections against the cease-and-desist correspondence. The company claimed that New Jersey’s action was unconstitutional but would try to prevent citizens from New Jersey from downloading the files while weighing its options. New Jersey decided this action was insufficient and seemed to want the company wiped out.

The state would then send a letter to DreamHost, one of Defense Distributed’s Internet security providers, claiming that the company violated DreamHost’s acceptable use policy (AUP) because Defense Distributed was violating New Jersey law. New Jersey would also contact the company’s other Internet security provider, Cloudflare, with the same claim. The state seemed to be trying to wipe the Texas-based company off the map.

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