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Unformatted text preview: terest of public order b. And the regulation results in anindirect, conditional and partial abridgement of speech (Gonzales v. COMELEC, G.R. No. L‐ 27833, Apr. 18, 1969). 5. O’Brien test Question: in situations when “speech” and “non‐ speech” elements are combined in the same course of conduct, whether there is a sufficiently important governmental interest that warrants regulating the non‐speech element, incidentally limiting the “speech” element. Note: A government regulation is valid if: a. It is within the constitutional power of the government; b. In furtherance of an important or substantial governmental interest; c. Governmental interest is unrelated to the suppression of free expression; and d. The incidental restriction on the freedom is essential to the furtherance of that interest. (US v. O’Brien, 391 US 367, 1968; SWS v. COMELEC, G.R. 147571, May 5, 2001) 6. Direct Incitement test Question: What words did a person utter and what is the likely result of such utterance Emphasis: The very words uttered, and their ability to directly incite or produce imminent lawless action. Note: It criticizes the clear and present danger test for being too dependent on the specific circumstances of each case. 6. State Regulation of Different Types of Mass Media Q: Can an offensive and obscene language uttered in a prime‐time television broadcast which was easily accessible to the children be reasonably curtailed and validly restrained? A: Yes. In Soriano v. MTRCB, G.R. No. 165636, Apr. 29, 2009, the Court, applying the balancing of interest doctrine, ruled that the government’s interest to protect and promote the interests and welfare of the children adequately buttresses the reasonable curtailment and valid restraint on petitioner’s prayer to continue as program host of Ang Dating Daan during the suspension period. Soriano’s offensive and obscene language uttered on prime‐time television broadcast, without doubt, was easily accessible to the children. His statements could have expose...
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