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JUNGER v. DALEY

No. 98-4045.

209 F.3d 481 (2000)

Peter D. JUNGER, Plaintiff-Appellant, v. William DALEY, United States Secretary of Commerce, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 4, 2000.

Attorney(s) appearing for the Case

Gino J. Scarselli (argued and briefed), Raymond Vasvari (briefed), ACLU of Ohio Foundation, Cleveland, Ohio, Kevin F. O'Neill (briefed), Cleveland-Marshall College of Law, Cleveland, Ohio, for Appellant.

Scott R. McIntosh (argued and briefed), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, D.C., for Appellees.

David W. Addis (briefed), Kurt A. Wimmer (briefed), Covington & Burling, Washington, D.C., Robert M. O'Neil (briefed), J. Joshua Wheeler (briefed), Thomas Jefferson Center for the Protection of Free Expression, Charlottesville, Virginia, Paul F. Gamble (briefed), Bloomfield Hills, Michigan, for Amici Curiae.

Before: MARTIN, Chief Judge; CLAY, Circuit Judge; WEBER, District Judge.

OPINION

BOYCE F. MARTIN, JR., Chief Judge.

This is a constitutional challenge to the provisions of the Export Administration Regulations, 15 C.F.R. Parts 730-74, that regulate the export of encryption software. Peter D. Junger appeals the district court's grant of summary judgment in favor of Secretary Daley and the other defendants.

The district court found that encryption source code is not sufficiently expressive to be protected by the First Amendment...

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