Bernstein v US says you’re right but let’s see if it gets there and hope they get legal reasoning right. One can hope the EFF and others are on this. Anyone know about any current challenges?

To the extent code is functional rather than expressive it is not speech, and when the government seeks to compel code, it generally seeks to compel function not expressive content.

(That doesn’t mean it is not a bad idea, and even perhaps unconstitutional for other reasons.)