Eastern broadcasting dyre corporationv dans jr 137

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Unformatted text preview: orms of expression in advance of actual publication or dissemination. (Bernas, The 1987 Philippine Constitution A Comprehensive Reviewer 2006) Q: Is the prohibition of prior restraint absolute? A: No. There are exceptions to the rule. Near v. Minnesota, 283 US 697 (1931) enumerates them: 1. When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no court could regard them as protected by any constitutional right. 2. The primary requirements of decency may be enforced against obscene publications. 3. The security of community life may be protected against incitements to acts of violence and the overthrow by force of orderly government. 2. Subsequent Punishment Q. What is the second basic prohibition of the free speech and press clause? A: The free speech and press clause also prohibits systems of subsequent punishment which have the effect of unduly curtailing expression. (Bernas, The 1987 Philippine Constitution A Comprehensive Reviewer 2006, p.64) Q. Is freedom from subsequent punishment absolute? A: No, it may be properly regulated in the interest of the public. The State may validly impose penal and/or administrative sanctions such as in the following: 1. Libel – a public and malicious imputation of a crime, vice or defect, real or imaginary or any act omission, status tending to cause dishonor, discredit or contempt of a natural or judicial person, or blacken the memory of one who is dead (Art 353, Revised Penal Code) 2. Obscenity – in Pita v Court of Appeals, the Supreme Court declared that the 86 4. determination of what is obscene is a judicial function. Criticism of Official Conduct – In New York Times v. Sullivan, 376 US 254 (1964), the constitutional guarantee requires a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with actual malice. Rights of students to free speech in school premis...
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This document was uploaded on 03/12/2014.

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