https://www.lawfaremedia.org/article/regulations-targeting-l...

The truth is no one knows, which is why it is first amendment ramifications. Eventually it will be “decided”, but the arguments indicate any decision will be of political desire, not logic, either way. Both sides have a strong case.

Do you have a citation that shows that this issue has been settled?

Actually yes they are. Code has been determined to be protected speech.

Why not?