A the liberty of abode may be impaired only upon

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Unformatted text preview: d children to a language that is unacceptable in everyday use. As such, the welfare of children and the State’s mandate to protect and care for them, as parens patriae, constitute a substantial and compelling government interest in regulating Soriano’s utterances in TV broadcast. Q: Is broadcast media entitled to the same treatment under the free speech guarantee of the Constitution as the print media? A: No. Because of the unique and pervasive influence of the broadcast media, “Necessarily . . . the freedom of television and radio broadcasting is somewhat lesser in scope than the freedom accorded to newspaper and print media. (Eastern Broadcasting (DYRE) Corporation v. Dans, Jr., 137 SCRA at 635) Q: Can the trial of Estrada in the Sandiganbayan or any other court be broadcasted in TV or radio? A: No. An accused has a right to a public trial, but it is not synonymous with a publicized trial. Freedom of the press and the accused’s protection from a possible prejudicial publicized trial must be taken into consideration. And unless there are safety nets to prevent this event, broadcast media cannot be allowed to publicize the trial. (Re: Request for RadioTV Coverage of the Estrada Trial, A.M. No 01‐4‐03‐SC, June 29, 2001) 7. Commercial Speech Q: What is the meaning of commercial speech? ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 89 UST GOLDEN NOTES 2011 A: It is communication which “no more than proposes a commercial transaction. Advertisements of goods or of services is an example of this. (Bernas, the 1987 Constitution of the Republic of the Philippines Comprehensive Reviewer 2006) Q: In order for government to curtail commercial speech what must be shown? A: To enjoy protection, commercial speech: 1. Must not be false or misleading (Friedman v. Rogers, 440 US 1 (1979) and 2. Should not propose an ill...
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This document was uploaded on 03/12/2014.

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