Apple Having Their Rights Violated By The Government?

Recently I've been following the news and story of Apple refusing to unlock the one of the shooters phone in the San Bernardo case. Apple is lining up their case as unconstitutional under the first and fifth amendments. I find this case to be very interesting because due to my First Year Seminar class I fully understand how Apple is bringing this up as unconstitutional and how it works. Apple is claiming under the first amendment that the code they need to provide is speech and that they can not be forced to do this under the protection of the first amendment. The FBI is a federal run institution so I agree that under the First amendment apple is and should be fully protected.

In class we discussed a very similar situation to the Apple one. In North Carolina, non-union workers were being forced to pay union dues although they were not apart of it nor supported it. These workers sued under the first amendment by saying them paying the union was action as speech. This action was actually speech because it was non-verbally giving support to the union. Apple is claiming the same argument here; the code they have to provide is expressive speech.

Apple is also claiming under the fifth amendment that the government is violating the right "to be free from arbitrary deprivation of its liberty by government" ( Goldman, Pagliery, Segall). I couldn’t agree more with the argument apple is making under the constitution. 

Apple is having their rights violated directly by the government and they can not be forced to do what the FBI is asking them unless we are planning on rewriting the constitution.

http://money.cnn.com/2016/02/25/technology/apple-fbi-response/