Original sentence: The question was never tested in court in respect to PGP, but had been established by the Supreme Court in the Bernstein case
Edited sentence: In cases addressing other encryption software, however, two federal appeals courts have established the rule that cryptographic software source code is speech protected by the First Amendment (the Ninth Circuit Court of Appeals in the Bernstein case and the Sixth Circuit Court of Appeals in the Junger case).The question was never tested in court with respect to PGP