Use of Secret Communications is an "Ancient Liberty"
Presented for your consideration - a 1997 paper entitled The Use of Encrypted, Coded and Secret Communications is an "Ancient Liberty" Protected by the United States Constitution, published by the University of Virginia Journal of Law and Technology]*.
John Fraser III the author of this superlative screed (now an attorney in Washington, DC) presents his fascinating argument on encryption, and the 'ancient right' to utilize cryptographic artifacts in the course of communications, protected, of course, by our nations' Constitution. Today's Must Read.
*Va. J.L. & Tech. 2 Fall 1997 1522-1687 / © 1997 Virginia Journal of Law and Technology Association