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There's this unspoken history that exists between any mother and daughter, no matter how deep and loving the bond is, twenty-five years of being raised by someone, there's a kind of deep history which means that there are shortcuts to getting on each other's nerves.

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Laura Sydell

Even under Apple founder Steve Jobs, the company did emphasize values. Remember the Think Different ad campaign that used pictures of the Dalai Lama, Amelia Earhart, Mahatma Gandhi? But Jobs focused on the integrity of Apple's products.

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The FBI wants Apple to write software code to help it break into the iPhone. Apple doesn't want to say this. Andrew Crocker, an attorney with the Electronic Frontier Foundation, or EFF, a digital civil rights group, says the government can't make you say what you don't believe. He looks to a Supreme Court case that began in New Hampshire.

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Looking back at Tim Cook's public appearances in the last few years makes the standoff with the government look almost inevitable.

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The Ninth Circuit Court of Appeals agreed, and software has been treated as a form of speech ever since. So if software code is speech, Apple says the First Amendment also means the government can't tell Apple what to say.

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[Eric]Goldman [a professor at Santa Clara University School of Law] says back in the 1990s, courts began to confront the question of whether software code is a form of speech. Goldman says the answer to that question came in a case called Bernstein v. U. S. Department of Justice. Student Daniel Bernstein who created an encryption software called Snuffle. He wanted to put it on the Internet. The government tried to prevent him, using a law meant to stop the export of firearms and munitions. Goldman says the student argued his code was a form of speech.

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The relevant part of the First Amendment here prohibits the making of any law, quote, "abridging the freedom of speech. " And it's pretty well-established that speech comes in many forms.

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