Re: emoji
I always wonder about the free speech argument, and I'm pretty sure it does not apply there, I thought it applied to government trying to hinder free expression of thought.
Courts have consistently held that it also applies to private parties being used as government proxies, or attempting to use the government as a proxy. It doesn't just apply to direct government action.
But that's irrelevant in this case, where the claim by the EFF and others is that the SDN listing could not be used to restrict the freedom to publish source code. They're not saying the First Amendment compels GitHub to allow the contributors to maintain accounts there; they're saying it prevents the government from compelling GitHub to remove the accounts, which was Microsoft's excuse for that action.
Biting the hand that feeds IT
