Why Bitcoin Is Protected by the First Amendment

Carlton Fields attorney Justin S. Wales authored an article in CoinDesk entitled “Why Bitcoin Is Protected by the First Amendment.” Wales co-chairs the firm’s Blockchain and Digital Currency Practice.

“As an industry, we should reframe the discussion about bitcoin and its progeny away from their uses solely as digital money and instead describe them as onramps to decentralized networks capable of much more,” Wales wrote. “Once properly viewed as conduits to global communicative technologies, it becomes clear that participation in these networks is protected by the First Amendment to the United States Constitution.” 

READ: CoinDesk, “Why Bitcoin Is Protected by the First Amendment”

©2026 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.