The here was an EFF article that mentioned a few cases where the courts have deemed code = speech. The question now is what protections this specific instance of speech is awarded. Here is another review of previous case law. From the second circuit court opinion
"Communication does not lose constitutional protection as “speech” simply because it is expressed in the language of computer code."
>"Communication does not lose constitutional protection as “speech” simply because it is expressed in the language of computer code."
Well duh. I can express a book as a C program and that is obviously protected speech. You can't take a shortcut like "is it code" to determining whether something is protected speech. Just because something is expressed in the "language of computer code", doesn't mean it gains constitutional protection as speech. You have to do a substantive evaluation.
The SF/SV perspective is not universal.