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N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9225
Experience:  attorney at self
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What is the First Amendment issue involving Apple's view on

Customer Question

What is the First Amendment issue involving Apple's view on consumer privacy and security? Apple was ordered to create encryption software to over write the iPhone operating system of the San Bernardino Ca gunmen. In the end Apple filed to vacate; the case wasn't litigated. This is unprecedented legal argument. Will need to cite similar cases and references.
Submitted: 9 months ago.
Category: Legal
Expert:  Attorney2 replied 9 months ago.

Welcome and thank you for your question. Is this a homework question?

Customer: replied 9 months ago.
Preparing an information paper at work. I am a civilian employee at Fort Knox, Ky.
Expert:  Attorney2 replied 9 months ago.
You are using the information to prepare a paper.
Expert:  Attorney2 replied 9 months ago.
Let me check with the site moderator to see if your question can be addressed in this category.
Customer: replied 9 months ago.
Each civilian was given a topic to render an opinion on in a group discussion as part of our bi-monthly professional development sessions. I chose this topic due to its relevancy. Ceartinly many can relate to it.
Expert:  Attorney2 replied 9 months ago.

I was told that this should stay in legal. However, the time and research would be beyond the general services that I provide. Your question is open to all attorneys. I trust one of our constitutional law experts will be able to assist you.

Please do not post a response as that will delay your answer. Thank you for your patience.

Expert:  N Cal Atty replied 9 months ago.

New Expert here.

Did you mean the Fourth Amendment?

I don't see any obvious First Amendment issue other than the argument that the government is trying to make the company speak in a certain way. The encryption features on the phone are intended to protect the privacy of the user, and that can be seen as a first amendment issue.

But this seems like more of a Fourth Amendment and Thirteenth Amendment issue, and an issue as to the meaning to the All Writs Act. The government has no right to impose involuntary servitude on the company, as prohibited by the Thirteenth Amendment. The Fourth Amendment allows searches only by government officials. The All Writs Act can only refer to writs that were part of the common law at the time the Constitution was ratified.

The company says: