Apple invokes constitutional rights in requesting for a revocation of the court order asking it to help the FBI unlock a phone
Following a court order requesting Apple to assist the FBI in unlocking a phone, the company filed a motion explaining why, in its view, the court should revoke the order. In this motion, Apple argues that FBI’s request for a software that would bypass security mechanisms in iPhone violates US constitutional rights. More specifically, in the company lawyers’ view, the software that Apple is asked to create is a form of speech/expression, and FBI’s request therefore would amount to compelled speech, in violation of constitutional provisions about free speech. At the same time, it is said that the order also violates Apple’s due process right to be free from ‘arbitrary deprivation of its liberty from government’, in that the request is unauthorised, highly burdensome and contrary to the company’s core principles. A court hearing in this case will be held on 22 March.