If code is speech, does this mean anyone can write code to perform any kind of task (nefarious or otherwise) and be protected by the First Amendment? It seems difficult to parse that someone could write some code that for example, to break someone's pacemaker or life support machine and that person would be protected by free speech.
Maybe in that scenario, it would be the author who writes that code who would be protected but the person who executes the deadly code who is breaking the law?