the whole point of the "code is data" mantra is that it is both - the list `(1 2 3)` and the lisp code that evaluates to said list when parsed and interpreted.
You're basically asking if literals are code. I imagine you'll get varied opinions about that.
(And yes, that can be used unquoted in a few different contexts in Lisp, such as a special form or macro, or if you've managed to convince the reader that 1 is a function.)