Free speech for computer code
Distributed v. Davenport
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Defense Distributed and Second Amendment Foundation ask the Supreme Court to review a Third Circuit ruling in their case against New Jersey Attorney General Jennifer Davenport: whether a New Jersey court could keep the case after the Fifth Circuit found its transfer unlawful, and when the First Amendment protects communicative computer code.
- What's at stake
- The Supreme Court has not settled the questions raised in the organizations' petition against New Jersey Attorney General Jennifer Davenport.
Summary: written with AI from the case record.
What it's about
The petition was distributed for a conference, but the Court has not agreed to hear it.
The petition pairs a dispute about which court should handle the case with a question about First Amendment protection for computer code.
Question presented
1. Whether a transferee court may retain a case after the transferor circuit holds the transfer unlawful, vacates it, and directs a formal return request? 2. Whether the First Amendment covers communicative computer code without more, or only upon additional indicia of expressiveness?
What happens next
The next step is for the Court to decide whether to hear the petition. It was distributed for the Court's October 9, 2026 conference, but that does not guarantee an order date.
Documents
Docket activity
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AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
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Case data updated: documents, description, proceeding_type
Case data updated: documents, description, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
Brief added: Petition
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.