I am not so sure if the logic works out this way. Software is not free speech just as an authors novel isn’t free speech but a work product protected under copyright domain. Software intellectual property, also known as software IP, is the code and or program that is protected by law against copy, theft, and use cases not permitted by the owner. Software code and or a program is a work product and an extension of the business and the business entities business activity. Open source rights allow for outside entities to use the code/program under the guidance of the author but the author is still responsible for the ultimate use case of the software and or program and it’s potential negative and or positive exploits.
Just as a malicious virus is written with code, the author is responsible for the actions/damage of the malicious virus.
“Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial speech such as advertising.”
“ Another class of permissible restrictions on speech is based on intellectual property rights. Both copyrights and trade secrets fall under this exception. The Supreme Court first upheld this in Harper & Row v. Nation Enterprises (1985), where copyright law was defended against a First Amendment free speech challenge.”