Noteagovernmentregulationisvalidif a it is within the

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Unformatted text preview: h can lead to greater evils. (Francisco Chavez v. Raul M. Gonzales, G.R. No. 168338, Feb. 15, 2008) Q. What is the concept behind the provision? A. Consistent with its intended role in society, it means that the people are kept from any undue interference from the government in their thoughts and words. The guarantee basically flows from the philosophy that the authorities do not necessarily know what is best for the people. (R.B. Gorospe, Constitutional Law: Notes And Readings On The Bill Of Rights, Citizenship And Suffrage 442 (2004) Q: What are the limitations of freedom of expression? A: It should be exercised within the bounds of laws enacted for the promotion of social interests and the protection of other equally important individual rights such as: 1. Laws against obscenity, libel and slander (contrary to public policy) 2. Right to privacy of an individual 3. Right of state/government to be protected from seditious attacks 4. Legislative immunities 5. Fraudulent matters 6. Advocacy of imminent lawless conducts 7. Fighting words 8. Guarantee implies only the right to reach a willing audience but not the right to compel others to listen, see or read Q: What are the four aspects of freedom of speech and press? A: 1. Freedom from censorship or prior restraint 2. Freedom from subsequent punishment 3. Freedom of access to information 4. Freedom of circulation Note: There need not be total suppression; even restriction of circulation constitutes censorship. 1. Prior Restraint Q: What is the first prohibition of the free speech and press clause? 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 85 UST GOLDEN NOTES 2011 A: The first prohibition of the constitutional provision is the prohibition of prior restraint. 3. Note: Prior Restraint means official government restrictions on the press or other f...
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This document was uploaded on 03/12/2014.

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