I didn't go through it carefully, but I think this article sums up the law regarding code as speech pretty well:
https://www.pbs.org/wgbh/nova/article/is-code-free-speech/

In the 1990s, the Electronic Frontier Foundation—which, at the time, was a fairly new organization—took on a series of cases on behalf of a cryptographer named Daniel Bernstein, who argued that he had a right to make public certain cryptographic programs that he’d created. Bernstein wanted to publish an algorithm, a mathematical paper that explained the algorithm, and the source code for a computer program that incorporated it. But the government required Bernstein to apply for a license to do all of this— and to submit his ideas for federal review.

Bernstein sued and eventually won the case. Software source code was deemed speech protected by the First Amendment.