> In the Tornado Cash case, for instance, the court dismissed the argument that writing code was protected under free speech, emphasizing the “functional capability” of the software rather than its creative or expressive nature.

Although I share the general pessimism expressed here, I think the above quote goes too far. The court did not dismiss the argument that writing code was protected speech. It only left open the possibility that the writing of code could be coupled with additional evidence at trial that could be sufficient to establish a crime. 