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5articleiiiofthe1987constitution a 1

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Unformatted text preview: om content‐based restraint or censorship. A: CONTENT‐NEUTRAL REGULATION Substantial governmental interest is required for their validity, and they are not subject to the strictest form of judicial scrutiny rather only an intermediate approach‐ somewhere between the rationality that is required of a law and the compelling interest standard applied to content‐based restrictions. CONTENT‐BASED RESTRAINT They are given the strictest scrutiny in light of their inherent and invasive impact. Note: When the prior restraint partakes of a content‐neutral regulation, it is subject to an intermediate review. A content‐based regulation or any system or prior restraint comes to the Court bearing a heavy presumption against its unconstitutionality and thus measured against the clear and present danger rule, giving the government a heavy burden to show justification for the imposition of such restraint and such is neither vague nor overbroad. Q: The NTC issued a warning that that the continuous airing or broadcast by radio and television stations of the an alleged wiretapped conversation involving the President allegedly fixing votes in the 2004 national elections is a continuing violation of the Anti‐Wiretapping Law and shall be just cause for the suspension, revocation and/or cancellation of the licenses or authorizations issued to the said companies. Were the rights to freedom of expression and of the press, and the right of the people to information on matters of public concern violated? A: Yes, said rights were violated applying the clear and present danger test. The challenged acts need to be subjected to the clear and present danger rule, as they are content‐based restrictions. The acts of NTC and the DOJ Sec. focused solely on but one object—a specific content— fixed as these were on the alleged taped conversations between the President and a COMELEC official. Undoubtedly these did not merely provide regulations as to the time, place or manner of the dissemination of speech or expression. A governmental action that restricts freedom of speech...
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