I think that's a good argument, but I'm not a lawyer, I just know that the Rules Of Engagement for military members extended the spirit of the constitution, to how we were supposed to interact with the local population in Iraq.

In Assange's case though I don't see how the First Amendment will help here, as the charge is "Conspiracy to commit Computer Intrusion." I don't think the district court is making a case about whether Assange has the right to publish data freely.