Seems that there is a compelling argument that the First Amendment precludes the government from passing laws that prohibit encrypted communications (between US

Seems that there is a compelling argument that the First Amendment precludes the government from passing laws that prohibit encrypted communications (between US citizens, the US constitution does not apply to foreigners). Not sure the extent that has been tested in court, though. Regulations on exporting encryption still exist in the US to some degree, though Bernstein v. United States was a turning point in that regard (holding that publishing encryption algorithm source code, including electronically, cannot be restricted by the Government).