It is a question of proximity and degree schenck v us

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Unformatted text preview: RIGHTS information regarding the person, family, home and correspondence of the aggrieved party. (Sec. 1, The Rule on the Writ of Habeas Data, A. M. No. 08‐1‐16‐SC, Jan. 22, 2008) Q: What are the reliefs that may be obtained in the petition for issuance of writ of habeas data? A: The reliefs may include the updating, rectification, suppression or destruction of the database or information or files kept by the respondent and in case of threats of the unlawful act, the relief may include a prayer for an order enjoining the act complained of. A general prayer for other reliefs that are just and equitable under the circumstances is also allowed. g. FREEDOM OF EXPRESSION Q: What is the concept and scope of protected freedom of expression under the Constitution? A: 1. Freedom of speech 2. Freedom of the press 3. Right of assembly and to petition the government for redress of grievances 4. Right to form associations or societies not contrary to law 5. Freedom of religion 6. Right to access to information on matters of public concern. Q: What are considered protected speech? A: Protected speech includes every form of expression, whether oral, written, tape or disc recorded. It includes motion pictures as well as what is known as symbolic speech such as the wearing of an armband as a symbol of protest. Peaceful picketing has also been included within the meaning of speech. Q: Does a violation of any law justify the suppression of exercise of freedom of speech and of the press? A: Not every violation of a law will justify straitjacketing the exercise of freedom of speech and of the press. There are laws of great significance but their violation, by itself and without more, cannot support suppression of free speech and free press. The totality of the injurious effects of the violation to private and public interest must be calibrated in light of the preferred status accorded by the Constitution and by related international covenants protecting freedom of speech and of the press. The need to prevent the violation of a law cannot per se trump the exercise of free speech and free press, a preferred right whose breac...
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This document was uploaded on 03/12/2014.

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