Do you mean G.A.Q.L. v State of Florida, decided last month by their state court system's Fourth District Court of Appeal? Here's a link to that opinion:
It doesn't actually challenge the foregone conclusion doctrine as applied to the data behind the passcode!
It simply concludes that the order to produce the passcodes itself would be forbidden testimonial self-incrimination under the Fifth Amendment, and that the state didn't show that they knew "with particularity" what the passcode was protecting, so they couldn't order production of that under the foregone conclusion doctrine.
It appears that does it reject the foregone conclusion as a means to get the passcode itself, because that's not what the state is really trying to do. Matthew Heiman agrees with you here that this may not be a correct decision: http://reason.com/volokh/2018/11/05/foreign-governments-will...
My understanding is that, while the question of compelling passcode disclosure is not fully settled law at the SCOTUS level or in most US circuit courts of appeals, the trend of rulings mostly grants first amendment rights to them. Do you know otherwise?
(Note I'm not a lawyer, just a former law student who continues to geek out about this stuff.)
https://www.4dca.org/content/download/404430/3468412/file/18...
It doesn't actually challenge the foregone conclusion doctrine as applied to the data behind the passcode!
It simply concludes that the order to produce the passcodes itself would be forbidden testimonial self-incrimination under the Fifth Amendment, and that the state didn't show that they knew "with particularity" what the passcode was protecting, so they couldn't order production of that under the foregone conclusion doctrine.
It appears that does it reject the foregone conclusion as a means to get the passcode itself, because that's not what the state is really trying to do. Matthew Heiman agrees with you here that this may not be a correct decision: http://reason.com/volokh/2018/11/05/foreign-governments-will...
My understanding is that, while the question of compelling passcode disclosure is not fully settled law at the SCOTUS level or in most US circuit courts of appeals, the trend of rulings mostly grants first amendment rights to them. Do you know otherwise?
(Note I'm not a lawyer, just a former law student who continues to geek out about this stuff.)