The Ninth Circuit Court of Appeals agreed, and software has been treated as a form of speech ever since. So if software code is speech, Apple says the First Amendment also means the government can't tell Apple what to say.

The relevant part of the First Amendment here prohibits the making of any law, quote, "abridging the freedom of speech." And it's pretty well-established that speech comes in many forms.

Under [Tim] Cook, Apple has a new product line with the Apple Watch, but it hasn't generated the kind of excitement that the iPod, iPhone or iPad did. Still, Cook can't be called a failure. Under his leadership, the company released a larger version of the iPhone to record sales.

The Washington Post speaking out against state legislation that he believed would let businesses deny services to gay, lesbian and transgender people. [Tim] Cook himself came out as gay in the pages of Bloomberg Businessweek.

Under [Tim] Cook's leadership, Apple is now using 100 percent renewable energy in the U.S. and China, and it's worked to improve conditions at its manufacturing plants in China.

In many ways, Apple CEO Tim Cook has been saying that and more for many years. He's said you don't have to choose between doing good and doing well. But only a few dozen people were lined up outside the Apple Store in San Francisco. That's nothing compared to the hundreds and thousands that line up for new products. Cook is taking a gamble here.

Looking back at Tim Cook's public appearances in the last few years makes the standoff with the government look almost inevitable.