OFAC Backtracks but Tornado Cash Sanctions Already Set a Terrifying Precedent

Coinbase’s lawsuit claims the sanctions themselves are a violation of the First Amendment, which establishes the right of free speech. In the landmark case of 1996, Bernstein v. the Department of Justice (DOJ), it was established that computer code should be considered speech, and the right to free speech is protected by the U.S. Constitution.

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