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CONSTI 2 CASE DIGESTS

DIOCESE OF BACOLOD : SEPARATE DIGEST  Regulating the expression of ideas or opinion in a PUV,
through the posting of election campaign material thereon is
not a regulation on franchise or permit but a regulation of the
1 UNITED NOTES very ownership of vehicle.
 Freedom of Speech and Of Expression from prior restraint is  Regulation amounts to regulating acts of ownership.
largely freedom from government censorship of publications  Captive audience doctrine : states that when a listener cannot
whatever the form of censorship and regardless of whatever it as a practical matter, escape from intrusive speech, the speech
wielded by the executive, legislative or judicial branch of can be restricted.
government
 Section 7(g) items (5) and (6) in relation to Sec 7(f) of
Resolution 9515 unduly infringes on fundamental right of
people to freedom of speech central to the prohibition is the SWS V COMELEC
freedom of individuals to express their preference through
posting of election campaign materialsin their property and to
COMELEC RESOLUTION 9674 directed SWS, Pulse Asia as well as other
convince other to agree with them.
survey firms to submit to COMELEC the names of all commissioners and
 Freedom of speech and of press enjoys a preferred status in payors of all surveys published from Feb 12,2013 up to April 23,2013
the hierarchy of rights. The rationale is that the preservation of including those of their subscribers.
other rights depends on how well we protect our freedom of
speech and of the press Facts:
 A content neutral regulation which is merely concerned with
incidents of speech or that merely controls the time, place or  March 2013, Tiangco, Sec-Gen of UNA wrote to COMELEC law
manner of under well defined standards is permissible even if it department and asked COMELEC to compel SWS to comply with
restricts right to free speech. said resolution and give names or identities of the subscribers who
 REQUISITES VALID CONTENT NEUTRAL REGULATION paid for pre-election survey or be liable for violation thereof, an act
1. Government regulation is within constitutional power of constitutive of election offense.
government  Hearing was conducted, they were informed y Chairman Brillantes
2. It furthers government substantial interest that the proceeding is merely for clarification and not a formal
3. Governmental interest is unrelated to suppression of free hearing & investigation
expression  COMELEC issued a resolution directing them submit within 3 days
4. Incidental restriction on freedom of expresson is no greater the names of subscribers and those who paid for the survey,
than is essential to the furtherance of the interest. otherwise they may be punished for violation of the fair election act
 COMELEC constitutionally delegated powers of supervision  COMELEC issued a warning that failure to comply : Subpoena will
and regulation do not extent to the ownership per se of PUV be issued against them
and transportation terminal owners but only to the franchise
Allegations of SWS:
and permit to operate the same.
1. They were not furnished the said resolution

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CONSTI 2 CASE DIGESTS

2. Regulation is tainted with irregularities. It is an ultra-vires act as it goes 2.) Underdog effect – symphaty
beyond what has been provided for by the Fair Election Act (impairment of 3. Motivating effect – persuading
contracts clause of the Constitution)
3.Violates their right to due process 4. Demotivating effect – abstain : candidate will win
4. Resolution is invalid as it requires disclosure of the subscribers and those 5. Strategic effect – votes influenced by chances of winning
who paid for election surveys 6.Free will – vote to prove that poll is wrong
5. Right to free speech is curtailed
COMELEC defense:
1. Valid regulation in exercise of police power  Election surveys creates a political expectation and measure &
2. Effects Constitutional policy guaranteeing equal access to opportunities for influence public opinion : it affects health of democracy
public service.  Constitutional dictum to guarantee equal access to opportunities for
3. Does not curtail right to free speech nor violates constitutional proscription
public service and even more specifically and explicitly to prohibit
against impairment of contracts.
4.Due process is not violated. political dynasties
 Inclusion of published election surveys : regulates election
propaganda, a means by which candidates shape voters
ISSUES X HELD preference and if left unregulated undermine purpose of fair
elections
WON RESO NNO 9674 IS INVALID IN THAT IT REQUIRES THE
WON RIGHTS OF PETITIONERS TO FREE SPEECH WILL BE
DISCLOSURE OF NAMES OF SUBSCRIBERS OF ELECTION
CURTAILED BY THE REQUIREMENT TO SUBMIT NAMES OF
SURVEYS
SUBSCRIBERS
 FEA does not distinguish between direct and indirect payers,
 Freedom of speech and expression : Publishing their findings +
therefore it includes the subscribers and the persons who paid for
Right to political speech : both intended and received as a
the conduct of survey.
contribution to public deliberation.
 Reso 9006 was adopted with end in mind of guaranteeing or
 TEST USED: Equality based approach – weight liberty to express
ensuring equal opportunity for public service.
and equality of opportunities
 FEA regulate means through which candidates are able to make
themselves known to voters and earn votes EQUALLY BASED APPROACH : WHAT PREVAILS?

Election surveys is not merely a descriptive aggregation of data Politically advantaged speech Regulation promoting political equality
Regulation Speech
- It shapes preference of voters : redistributes and equalizes speaking power

- Informs about the strategy in campaign machineries  Social inequality does have its effect on the exercise and effect of
- It affects outcome of the elections guarantee of free speech. Those who have more will have better
- Election campaign = election propaganda access to media that reaches a wider audience than those who
have less. Those who espouse the more popular ideas will have
Several effects of surveys on volter behavior better reception than the subversive and dissenter in the society.
 Requirements of the Constitution regarding equality in opportunity
1.) Bandwagon effect – popular tide (human tendency to conform) must provide limits to some expression during electoral campaigns.

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CONSTI 2 CASE DIGESTS

VALID REGULATION WON COMELEC DEPREIVED PETITIONERS OF DUE PRROCESS


1.) Provided by law OF LAW
2.) Reasonable
3.) Narrowly tailored to meet objective : enhancing opportunity of all  Never actually served copies of regulation.
candidates to be heard  Failure to provide copies of criminal complaint
4.) Less restrictive means : Achieve objective
 What is involved here is not election propaganda per se : they are
for private consumption. BUT when published they have a DAVAO CITY WATER DISTRIC v. ARANJUEZ
tendency to shape voters preference . Facts:
 Legislative intent or regulatory concern is clear : those who
financed, one way or another the published survey must be  Petitioners DCWD –GOCC
disclosed  Private Respondents : Officers and members of NAMADACWAD ::
 Not only an important or substantial state interest but even a charged with several administrative cases due to acts committed
compelling one reasonably grounds Resolution to the inclusion of during DCWD anniversary
election surveys. Thus regardless of whether an intermediate or - Wearing of shirts with inscriptions
strict standard, it passes scrutiny - Posting of bond papers outside of designated areas
 Regulation of election surveys effects constitutional policy of  May 16: staging pickets in front of DCWD office : Non-payment of
guaranteeing equal access to opportunities for public service. negotiation agreement and opposition to DCWD privatization and 1
 Resolution : narrowly tailored to meet the objective of enhancing M Peso Loan
opportunity of all candidates to be heard and considering the  May 8 Emergency meeting : agreed upon to wear shirt and attach
primacy of guarantee of free expression and is demonstrably the posters of grievances : during motorpool event
least restrictive means to achieve that object  In the motorpool event, they were asked by DCWD to wear sports
 While it does reglate expression, it does not go far as to suppresss attire, they in fact did obey, but wore one with inscriptions.
desired expression. There is neither prohibition nor sensorship  Formal charges were filed against them.
 All it does is to articulate a recognition as regards the manner of  Penalties : ranging from suspension to dismissal
publication : disclosure of those who commissioned and paid for  May 2008 went to CSC alleging that there was a violation of their
survey.
right to assemble and right to petition for redress of grievances
 No prior restraint : remain free to publish: Disclosure is only upon
 DCWD Claim: Prohibition: Wearing of shirts during office hours
and not prior to publication.
CSC HELD:
WON IT VIOLATES CONSTITUTIONAL PROSCRIPTION AGAINST - Not within the ambit of prohibited mass activity
IMPAIRMENT OF CONTRACTS - Violation of reasonable office rules and regulations
- Act of posting grievances outside designated area
 Consititutional guaranty on non-impairment is limited by exercise of - Violation (x) serious in nature: Lack of any abusive, vulgar,
police power of state. defamatory/ libelous language
 Not a capricious, whimsical, unjust or unreasonable regulation. CA HELD:

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CONSTI 2 CASE DIGESTS

- Prohibited concerted activity- must be undertaken by government  BATF rejected application in lieu of the above provision
employees by themselves/through the association with intent of  Rationale:
effecting work stoppage/ service disruption 1.Ban is necessary to suppress threat of strength wars among
- Petitioners only committed simple violation of office rules and
brews, to prevent them from seeking to comepete in market based
should not be punishable by dismissal
on the potency of their beer
2. Prevent particular type of beer drinker who selects beverage
ISSUE: WON THERE WAS A VALID EXERCISE OF RIGHT TO because of high poteny : Decrease extent to which consumers will
ASSEMBLE AND PETITION REDRESS OF GRIEVANCCES select on basis of that characteristic
 Respondents
HELD: YES 1.) Records: Insufficient to determine whetehr FAAA ban will
directly advance government interest
 Collective activity of joining fun run with t-shirts is not done to effect
2.) W/N There is a reasonable fit that existed between ban and the
work stoppage or disrupt service
goal of avoiding strength wars
 They did not violate memorandum issued relating to proper attire to
3.) Wines and Distilled spirits are allowed to provide labels
be worn
displaying alcohol content
 EXERCISE OF FREEDOM OF EXPRESION
4.) Proscribe descriptive terms but do not preclude (low alcohol,
 Memorandum: Bulletin board in pool area, below office of
reduced alcohol, and alcohol free)
purchasing division and side office building beside guard house :
5.) Labels : Form of commercial speech, essential for the free flow
designated area for posting of grievances
of information, and accounts for private decisions which drive the
 (x) tantamount to relinquishment of constitutional right of
system
expression enjoyed by citizens just be reason of their employment
 Citizens who accept public employment must accept certain
ISSUE:
limitations of his/her freedom
WON PROHIBITION IS CONSTITUTIONAL AND DOES NOT
 Regulation and not a removal of Constitutional Right
VIOLATE FIRST AMENDMENT PROTECTION TO COMMERCIAL
 What was done only amounts to a light offense which is punishable
SPEECH
by reprimand

RUBIN v. COORS BREWING HELD: NO


 Labeling ban cannot be sad to advance the government interest in
Facts: suppressing strength wars because other provisions of FAAA and
implementing regulations prevent from furthering the interest in a
 Sec 5 (e) (2) of Federal Alcohol Administrative Act prohibits beer
direct and material fashion.
labels from displaying alcohol content
 Although beer advertising would seem to constitute a more
 Respondent Brews Beer in 1987 applied to Bureau of Alcohol,
influential weapon n strength wars than labels, BATF regulation
Tobacco & Firearms (BATF) for approval of proposed labels and governing such advertising prohibit statements of alcohol content
advertisements that disclosed its alcohol content
only in States that affirmatively band such advertisements.

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CONSTI 2 CASE DIGESTS

 Government regulation also permit identification of certain beers PALACE OPENS INVESTIGATION OF RAPS AGAINST POLICARPIO
with igh alcohol content as malt liquors and they require disclosure - Policarpio stands accused by Reyes of having malversed public property
and of having fraudulently sought reimbursement of supposed official
of content on labels of wines and spirits. expenses.
 There is little chance that regulation can directly and materially - Miss Reyes, technical assistant of the Unesco, stated at the Palace
advance its aim while other provision of the same act undermine of inquiry that during 1955 Miss Policarpio allegedly used several sheets of
counteract its effects. government stencils for her private and personal use, such as for French
lessons, contracts of sale of pianos and for invitations of the League of
 Prohibition is more extensive than necessary since there are Women Voters of which she (Miss Policarpio) is an officer
available alternatives to the labeling ban including limiting alcohol - Reimbursement of trips
content of beers, prohibiting marketing efforts emphasizing high "WOMAN OFFICIAL SUED"
- plaintiff "was charged with malversation and estafa in complaints filed
alcohol strength and limiting ban to malt liquors, the segment of
with the city fiscal's office by the Presidential Complaint and Action
beer market that allegedly is threatened with strength war would Commission" — otherwise known as PCAC — is untrue, the complaints
prove less intrusive to first amendments protection for said offenses having been filed by Miss Reyes
- Neither is it true that said "criminal action was initiated as a result of
POLICARPIO V. MANILA TIMES PUB. CO INC current administrative, investigation", as stated in the second paragraph
Lumen Policarpio seeks to recover damages by reason of publication in of the same article.
Saturday Mirror and Daily Mirror of 2 articles which are claimed to be per se  Plaintiff maintains that the effect of these false statements was to
defamatory, libelous and false and to have exposed her to ridicule, jeopardized give the general impression that said investigation by Col. Alba had
her integrity, good name and business and official transactions and caused her shown that plaintiff was guilty, or, at least, probably guilty of the
grave embarrassment untold and extreme moral, mental and physical crimes aforementioned.
anguish,and incalculable material, moral, professional and business damages.  Unesco stencils allegedly for private and personal purposes, and to
the collection of transportation expenses, it did not mention the fact
Facts:
that the number of stencils involved in the charge was only 18 or
 Plaintiff is a member of Philippine bar who was an executive 20, that the sum allegedly misappropriated by her was only P54,
secretary of local UNESCO National Commission. and that the falsification imputed to her was said to have been
committed by claiming that certain expenses for which she had
 She caused one of her officers, Ms. Reyes to be separated from
sought and secured reimbursement were incurred in trips during
service
the period from July 1, 1955 to September 30, 1955
 In turn, Ms. Reyes filed counter charges alleging malversation of
 By omitting these details, plaintiff avers, the article of August 11,
public funds, and other complaint for alleged estafa thru falsification
1956, had the effect of conveying the idea that the offenses
of public document.
imputed to her were more serious than they really were
WOMAN OFFICIAL SUED : POLICARPO ON FRAUDS, UNESCO OFFICIAL  Upon the other hand, defendants contend that, although the
HEAD ACCUSED ONN SUPPLIES, FUNDS USE BY COLLEGUE complaints in the city fiscal's office were filed, not by the PCAC, but
- Basic facts : case filed against her ::: containing the ff
by Miss Reyes, this inaccuracy is insignificant and immateria
- Used UNESCO stencils for private and personal prpose.
- Estafa through falsification of public documents  "details" do not affect the truthfulness of the article as a whole, and
- Issues with regard her trips. that, in any event, the insignificant value of said sheets of stencil
- Charges : conduct unbecoming of a lady and was not aid salary and the small amount allegedly misappropriated, would have had, if

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CONSTI 2 CASE DIGESTS

set forth in said article, a greater derogatory effect upon the  For this reason, we feel that the interest of justice and of all parties
plaintiff, aside from the circumstance that defendants had no concerned would be served if the defendants indemnify the plaintiff
means of knowing such "details". in the sums of P3,000, by way of moral damages, and P2,000, as
 . It is only too apparent that the article published on August 11, attorney's fees.
1956, presented the plaintiff in a more unfavorable light than she
actually was. LOPEZ V. CA
Petitioners then publisher and editor of this week magazine , liable in damages
 It goes without saying that newspapers must enjoy a certain degree
to tune of 11 k arising from publication of pcture of respondent Fidel Cruz as
of discretion in determining the manner in which a given event being responsible for hoax fo the year.
should be presented to the public, and the importance to be The view is impress by petitioners invoking a liberal construction of implications
attached thereto, as a news item, and that its presentation in a of press freedom, owing up to mistake, unfortunately not discovered until it was
sensational manner is not per se illegal. too late, and pulishing a correction as an earnest if its good faith
 But, to enjoy immunity, a publication containing derogatory Facts:
information must be not only true, but, also, fair, and it must be
made in good faith and without any comments or remarks.  1956, there appeared on the front page of The Manila Chronicle, of
 In the case at bar, aside from containing information derogatory to which petitioner Eugenio Lopez was the publisher, as well as on
the plaintiff, the article published on August 11, 1956, presented other dailies, a news story of a sanitary inspector assigned to the
her in a worse predicament than that in which she, in fact, was. Babuyan Islands, Fidel Cruz by name, sending a distress signal to
 Said article was not a fair and true report of the proceedings there a passing United States Airforce plane which in turn relayed the
in alluded to. What is more, its sub-title — "PCAC RAPS L. message to Manila. He was not ignored, an American Army plane
POLICARPIO ON FRAUD" — is a comment or remark, besides dropped a two way radio.
being false.  He utilized it to inform authorities in Manila that the people in the
 Accordingly, the defamatory imputations contained in said article place were living in terror, due to a series of killings committed
are "presumed to be malicious". since Christmas of 1955.
 Either they knew the truth about it or they did not know it. If they  Upon arriving at the reported killer-menaced Babuyan Claro, men
did, then the publication would be actually malicious. If they did not found, Fidel Cruz, who merely wanted transportation home to
or if they acted under a misapprehension of the facts, they were Manila.
guilty of negligence in making said statement, for the  Earlier in its Special Year End Quiz appearing in its issue of
consequences of which they are liable solidarily. January 13, 1956, reference was made to a health inspector who
 News item published on August 13, 1956, rectified a major suddenly felt "lonely" in his isolated post, cooked up a story about a
inaccuracy contained in the first article, by stating that neither Col. murderer running loose on the island of Calayan so that he could
Alba nor the PCAC had filed the aforementioned complaints with be ferried back to civilization. He was given the appellation of
the city fiscal's office "Hoax of the Year."
 But, this rectification or clarification does not wipe out the  The Week Magazine of the Manila Chronicle January 15, 1956.
responsibility arising from the publication of the first article, devoted a pictorial article to it in its issue of Mention was made that
although it may and should mitigate it ( while Fidel Cruz story turned out to be false

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 The magazine on both occasions carried photographs of the - Defamatory statements tends strongly to induce breach of the
person purporting to be Fidel Cruz. peace by the person defamed, libel is a crime, and as such
 Unfortunately, the pictures that were published on both occasions subjects the offender to a fine or imprisonment."
were that of private respondent Fidel G. Cruz, a businessman  There was some suggestion that the defendant published the
contractor portrait by mistake, and without knowledge that it was the
 As soon, however, as the inadvertent error was brought to the plaintiff's portrait, or was not what it purported to be.
attention of petitioners, a correction was immediately published in  But the fact, if it was one, was no excuse.
This Week Magazine on January 27, 1957: "While we were rushing  A libel is harmful on its face.
to meet: the deadline for January 13th issue of This Week, we  What gives the sting to the writing is its permanence of form. The
inadvertently published the picture of former Mayor Fidel G. Cruz of spoken word dissolves, but the written one abide and Perpetuates
Sta. Maria, Bulacan, businessman and contractor.We here express the scandal.' ... When one speaks of a writing in this connection,
our profound regrets that such an error occurred one does not limit oneself to writings, any symbol suffices —
 Respondent Fidel G. Cruz sued petitioners in the Court of First Pictures, hieroglyphics shorthand notes — if only what is written is
Instance of Manila for the recovery of damages alleging the intelligible to him who reads."
defamatory character of the above publication of his picture.  Curtailment to which press freedom would be subjected if an action
 To demonstrate that no action for libel would lie arising from the for libel were not rigorously scrutinized to remove doubts as to its
publication of the picture of respondent Cruz identified as being utilized to penalize the exercise of that constitutional right
responsible for the hoax of the year, when such was not the case  So long as it is done in good faith, newspapers have the legal right
at all. No liability would be incurred if it could be demonstrated that to have and express opinions on legal questions. To deny them
it comes within the well-nigh all embracing scope of freedom of the that right would infringe upon the freedom of the press."
press. Truth yielding at times to unavoidable inaccuracies  "there is no evidence in the record to prove that the publication of
attendant on newspapers and other publications being subject the news item under Consideration was prompted by personal ill
to the tyranny of deadlines. will or spite, or that there was intention to do harm.
 Libel –a "malicious defamation, expressed either in writing, printing,  In the preparation of stories, press reporters and edition usually
or by signs or pictures, or the like xxx, tending to blacken the have to race with their deadlines; and consistently with good faith
memory of one who is dead or to impeach the honesty, virtue, or and reasonable care, they should not be held to account, to a point
reputation, or publish the alleged or natural defects of one who is of suppression, for honest mistakes or imperfection in the choice of
alive, and thereby "pose him to public hatred, contempt, or ridicule, words."
 Publication of a person's photograph in connection with an article  For liability to arise then without offending press freedom, there is
libelous of a third person, is a libel on the person whose picture is this test to meet: "The constitutional guarantees require, we think, a
published, where the acts set out in the article are imputed to such federal rule that prohibits a public official from recovering damages
person." for a defamatory falsehood relating to his official conduct unless he
 Why libel law has both a criminal and a civil aspect is explained: proves that the statement was made with 'actual malice'
- Depriving him of his good reputation =redress this personal wrong  A realistic account of the obligation of a news media to disseminate
money damages are awarded to the injured person. information of a public character and to comment thereon as well

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as the conditions attendant on the business of publishing cannot be  Alleged interview states : First time was during a drunken
ignored. incestuous redezvois with his mother in an outhouse . Hustler
 It is to the haven thus afforded by such a highly sympathetic ruling parody portrays respondent and mother as drunk and immoral.
to press freedom that petitioners would seek refuge  At the bottom, ad contains a disclaimer that it is not to be taken
 Nonetheless, for the reasons expressed with vigor and clarity by seriously.
former Chief Justice Paras, no liability was deemed incurred by the  Claiming for damages for libel, invasion of privacy and intentional
then publisher of the Manila Chronicle A newspaper, it is stressed, infliction of emotional distress.
"should not be held to account to a point of suppression for honest
Jury
mistakes or imperfection in the choice of words
- Ad parody could not be reasobalbby understood as describing actual facts about
 Here there was no pressure of a daily deadline to meet no respondent or actual events
occasion to act with haste as the picture of respondent was - AWARD: DAMAGES
CA
published in a weekly magazine. - Affirmed
 It cannot be concluded then that the plea of petitioners is - But rejected actual malice standard of NYT case shoud be met before recovery for
emotional distress could bee made.
sufficiently persuasive. The mandate of press freedom is not
NYT Standard (1) Knowledge/ Intent (2) Reckless Conduct
ignored, but here it does not speak unequivocally. It is not decisive
of the basic issue. By itself, it does not have a controlling ISSUE
significance.
 Petitioners would make much, likewise, of their correction, which WON PUBLIC FIGURE MAY RECOVER DAMAGES FOR EMOTINAL
has all the force of a retraction, as a basis from being absolved HARM CAUSE BY PUBLICATION OF AD PARODY OFFENSIVE TO
from any pecuniary responsibility.----The correction promptly made HIM
by petitioners would thus call for a reduction in the damages
HELD:
awarded. It should be noted that there was no proof of any actual
pecuniary logs arising from the above publication.  Freedom to speak one‘s mind is not only an aspect of individual
liberty, and thus good unto itself—but also is essential to the
HUSTLER MAGAZINE V. FALWELL
Petitioner Hustler Magazine : Magazine of nationwide circulation common quest for truth and vitality of society as a whole.
Falwell: Minister: known as an active commentator of political and public affairs  Vigilant to ensure that individual expressions of ideas remain free
claims for invasion of privacy, libel and intentional infliction of emotional from governmentally imposed sanctions.
distress  Of course this does not mean that any speech about public figure is
Facts: immune from sanction in form of damages.
 Public figure may hold speaker liable for damages to reputation
 Hustler Magazine, it the front cover of one its issues, featured a caused by publication of a defamatory falsehood but only if
parod with falwell‘s picture ―Jerry Falwell talks about his first time‖ : statement is made with knowledge that it was false or reckless
 Ads clearly played on a sexual double entendre of the general disregard of whether it was false or not.
subject of his first times.

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 False statements of fact are particularly valueless; they interfere  We conclude that public figures and public officials may not recover
with truth seeking function of marketplace of ideas and cause for the tort of intentional infliction of emotional distress by reason of
damage to an indiviudal‘s reputation that cannot easily be repaired publications such as the one here at issue without showing, in
by counter speech however persuasive or effective. addition, that the publication contains a false statement of fact
 Even though falsehoods have little value in and of themselves they which was made with "actual malice,"
are nevertheless inevitable in free debate, and a rule would imose
strict liability on publisher for factual assertion would have an MILLER V. CALIFORNIA
undoubted chilling effect. Facts
 "‗Freedoms of expression require "breathing space."'This breathing Application of a State's criminal obscenity statute to a situation in which
space is provided by a constitutional rule that allows public figures sexually explicit materials have been thrust by aggressive sales action upon
to recover for libel or defamation only when they can prove both unwilling recipients who had in no way indicated any desire to receive such
that the statement was false and that the statement was made with materials. This Court has recognized that the States have a legitimate interest
the requisite level of culpability. in prohibiting dissemination or exhibition of obscene material
 Respondent argues, however, that a different standard should
apply in this case because, here, the State seeks to prevent not Roth v. United States
- All ideas having even the slightest redeeming social importance --
reputational damage, but the severe emotional distress suffered by
unorthodox ideas, controversial ideas, even ideas hateful to the
the person who is the subject of an offensive publication. prevailing climate of opinion -- have the full protection of the [First
 While such a bad motive may be deemed controlling for purposes Amendment] guaranties, unless excludable because they
of tort liability in other areas of the law, we think the First encroach upon the limited area of more important interests.
Amendment prohibits such a result in the area of public debate Chaplinsky v. New Hampshire,
about public figures. - These include the lewd and obscene. . . . It has been well
 The political cartoon is a weapon of attack, of scorn and ridicule observed that such utterances are no essential part of any
exposition of ideas, and are of such slight social
and satire; it is least effective when it tries to pat some politician on
Memoirs v. Massachusetts
the back. It is usually as welcome as a bee sting, and is always
- elements must coalesce: it must be established that (a) the
controversial in some quarters. dominant theme of the material, taken as a whole, appeals to a
 There is no doubt that the caricature of respondent and his mother prurient interest in sex; (b) the material is patently offensive
published in Hustler is at best a distant cousin of the political because it affronts contemporary community standards relating to
cartoons described above, and a rather poor relation at that. the description or representation of sexual matters; and (c) the
 If it were possible by laying down a principled standard to separate material is utterly without redeeming social value." (ABANDONED)
the one from the other, public discourse would probably suffer little Interstate Circuit, Inc. v. Dallas
- That conduct must be specifically defined by the applicable state
or no harm.
law, as written or authoritatively construed.
 Speech does not lose its protected character . . . simply because it - Taken as a whole, appeal to the prurient interest in sex, which
may embarrass others or coerce them into action"). portray sexual conduct in a patently offensive way, and which,
 For it is a central tenet of the First Amendment that the government taken as a whole, do not have serious literary, artistic, political, or
must remain neutral in the marketplace of ideas. scientific value.

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 Under the holdings announced today, no one will be subject to  "It is my belief that, when the Court said in Roth that obscenity is to
prosecution for the sale or exposure of obscene materials unless be defined by reference to 'community standards,' it meant
these materials depict or describe patently offensive "hard core" community standards -- not a national standard, as is sometimes
sexual conduct specifically defined by the regulating state law, as argued. I believe that there is no provable 'national standard.' . . .
written or construed. We are satisfied that these specific At all events, this Court has not been able to enunciate one, and it
prerequisites will provide fair notice to a dealer in such materials would be unreasonable to expect local courts to divine one."
that his public and commercial activities may bring prosecution.  But, in our view, to equate the free and robust exchange of ideas
 "uncertainty of the standards creates a continuing source of tension and political debate with commercial exploitation of obscene
between state and federal courts. . . ." material demeans the grand conception of the First Amendment
 Majority of this Court has agreed on concrete guidelines to isolate and its high purposes in the historic struggle for freedom. It is a
"hard core" pornography from expression protected by the First "misuse of the great guarantees of free speech and free press. . . ."
Amendment. Now we may abandon the casual practice of Redrup  The First Amendment protects works which, taken as a whole,
v. New York, 386 U. S. 767 (1967), and attempt to provide positive have serious literary, artistic, political, or scientific value, regardless
guidance to federal and state courts alike. of whether the government or a majority of the people approve of
 Under a National Constitution, fundamental First Amendment the ideas these works represent.
limitations on the powers of the States do not vary from community  These doleful anticipations assume that courts cannot distinguish
to community, but this does not mean that there are, or should or commerce in ideas, protected by the First Amendment, from
can be, fixed, uniform national standards of precisely what appeals commercial exploitation of obscene material.
to the "prurient interest" or is "patently offensive." These are
essentially questions of fact, and our Nation is simply too big GONZALES V. KATIGBAK
and too diverse for this Court to reasonably expect that such .Motion picture in question, Kapit sa Patalim was classified ―For Adults
standards could be articulated for all 50 States in a single Only‖. There is a proper issue then also one of first impression, as to
formulation, even assuming the prerequisite consensus the proper test of what constitutes obscenity in view of objections
exists. raised.
 To require a State to structure obscenity proceedings around
Facts:
evidence of a national "community standard" would be an exercise
in futility.  The principal petitioner is Jose Antonio U. Gonzalez, President of
 We conclude that neither the State's alleged failure to offer the Malaya Films, movie production
evidence of "national standards," nor the trial court's charge that  The respondent is the Board of Review for Motion Pictures and
the jury consider state community standards, were constitutional Television, with Maria Kalaw Katigbak as its Chairman
errors. Nothing in the First Amendment requires that a jury must  In a resolution of a sub-committee of respondent Board of October
consider hypothetical and unascertainable "national standards" 23, 1984, a permit to exhibit the film Kapit sa Patalim under the
when attempting to determine whether certain materials are classification "For Adults Only," with certain changes and deletions
obscene as a matter enumerated was granted.

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 Considering, however, certain vital deficiencies in the application,  The test, to repeat, to determine whether freedom of excession
the Board further Resolves to direct the Chairman of the Board to may be limited is the clear and present danger of an evil of a
Withheld the issuance of the Permit to exhibit until these substantive character that the State has a right to prevent.
deficiencies are supplied. Hence this petition.  where the movies, theatrical productions radio scripts, television
 This Court : moot as "respondent Board has revoked its questioned programs, and other such media of expression are concerned —
resolution, replacing it with one immediately granting petitioner included as they are in freedom of expression — censorship,
company a permit to exhibit the film Kapit without any deletion or especially so if an entire production is banned, is allowable only
cut Further: "The modified resolution of the Board, of course, under the clearest proof of a clear and present danger of a
classifies Kapit as for-adults-only. substantive evil to public public morals, public health or any other
 An amended petition was then filed the main objection was the legitimate public interest.
classification of the film as "For Adults Only."  The law, however, frowns on obscenity and rightly so
 For petitioners, such classification "is without legal and factual  "All Ideas having even the slightest redeeming social importance —
basis and is exercised as impermissible restraint of artistic unorthodox Ideas, controversial Ideas, even Ideas hateful to the
expression. It was also submitted that the standard of the law for prevailing climate of opinion — have the full protection of the
classifying films afford a practical and determinative yardstick for guaranties, unless excludable because they encroach upon the
the exercise of judgment limited area of a more important interest.
 There is, however, some difficulty in determining what is obscene.
ISSUE: WON the rating made with grave abuse of discretion  Later decisions have rejected it and substituted this test: whether to
the average person, applying contemporary community standards,
HELD: the dominant theme of the material taken as a whole appeals to
prurient interest.
 Motion pictures are important both as a medium for the
 The Hicklin test, judging obscenity by the effect of isolated
communication of Ideas and the expression of the artistic impulse.
passages upon the most susceptible persons, might well
 importance of motion pictures as an organ of public opinion
encompass material legitimately treating with sex, and so it must
lessened by the fact that they are designed to entertain as well as
be rejected as unconstitutionally restrictive of the freedoms of
to inform.
speech and press. On the other hand, the substituted standard
 It is the opinion of this Court, therefore, that to avoid an
provides safeguards adequate to withstand the charge of
unconstitutional taint on its creation, the power of respondent
constitutional infirmity.
Board is limited to the classification of films. It can, to safeguard
 Sex and obscenity are not synonymous.
other constitutional objections, determine what motion pictures are
 ―Obscene material is material which deals with sex in a manner
for general patronage and what may require either parental
appealing to prurient interest.
guidance or be limited to adults only.
 Sex, a great and mysterious motive force in human life has
 That is to abide by the principle that freedom of expression is the
indisputably been a subject of absorbing interest to mankind
rule and restrictions the exemption. The power to exercise prior
through the ages; it is one of the vital problems of human interest
restraint is not to be presumed, rather the presumption is against
and public concern.
its validity.

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 It cannot be stressed strongly that the arts and letters "shall be  CLAIM: Magazine is not obscene and protected by the
under the patronage of the State. constitutional guarantees of freedom of speech. It is an artistic
 There is no orthodoxy in what passes for beauty or for reality. It is expression
for the artist to determine what for him is a true representation. MAYOR BAGATSING CLAIMS:materials were voluntarily
 the widest scope of freedom is to be given to the adventurous and surrendered by the vendors to the police authorities, and that the
imaginative exercise of the human spirit" in this sensitive area of a said confiscation and seizure was undertaken pursuant to P.D. No.
man's personality. 960. Materials confiscated belonged to the magazine stand owners
 On the question of obscenity, therefore, and in the light of the facts and peddlers who voluntarily surrendered their reading materials.
of this case, such standard set forth in Executive Order No. 878 is
to be construed in such a fashion to avoid any taint of ISSUE: WON MAGAZINE IS OBSCENE & AGENTS CAN
unconstitutionality WITHOUT COURT ORDER CONFISCATE AND SEIZE
 All that remains to be said is that the ruling is to be limited to the MAGAZINES
concept of obscenity applicable to motion pictures.
 It is hardly the concern of the law to deal with the sexual fantasies
of the adult population. it cannot be denied though that the State as
parens patriae is called upon to manifest an attitude of caring for
** TESTS USED TO DETERMINE WHETHERMATERIAL IS
the welfare of the young
OBSCENE OR NOT
PITA V. CA
The petitioner, publisher of Pinoy Playboy, a "men's magazine", seeks the KOTTINGER
review of the decision of the Court of Appeals. He invokes, in particular, the  Whether or not it shocks the ordinary and common sense of
guaranty against unreasonable searches and seizures of the Constitution, as men as an indecency
well as its prohibition against deprivation of property without due process of
 Hypothetical community standard
law.
GONZALES v. KATIGBAK
 Whether average person, applying contemporary standards,
Facts: the dominant theme of materials taken as a whole appeals to
prurient interest
 On Anti-Smut Campaign initiated by the Mayor of Manila ,Special  Obscenity in terms of dominant theme
Anti-Narcotics Group together with other government agencies, MILLER TEST
seized and confiscated from dealers, distributors, newsstand  Whether average person applying contemporary standards
owners and peddlers along Manila sidewalks, magazines, would find the work taken as a whole appeals to the prurient
publications and other reading materials believed to be obscene, interest
pornographic and indecent and later burned the seized materials in  Whether work depicts or descries in a patently offensie way
sexual conduct specifically defined by applicable state law
public at the University belt.
 Whether work taken as a whole lacks serios literary artistic or
 Among seized, and later burned, was "Pinoy Playboy" magazines scientific value
published and co-edited by plaintiff Leo Pita.  No challenge on right of State in the legitimate exercise of police
power to suppress smut, provided that it is a smut.

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 Undoubtedly, immoral, lore or literature comes within the ambit of [Kitty Kat Lounge & Glenn Theater]
free expression, although not its protection. - Totally nude dancing = entertainment
 In free expression cases, this court has consistently been on side [Individual Dancers]
of exercise of the right barring the clear and present danger. - They believe they could earn more by dancing naked.
 There must be objective and convincing, not subjective or [Indiana Statute Requirement]
conjectural proof of existence of such clear and present danger. - Dancers in the establishment involved must wear panties and G-
Authority does not solely on his own appraisal of what the public strings : does not violate first amendment
welfare, peace or safety may require. Claim of petitioners:
 The burden is on State to demonstrate the existence of danger, a 1.) Dancing—expressive conduct protected by first amendment
danger must not only be clear but also present to justify State 2.) Minors are excluded and there are no non-consenting viewers
action to stop speech 3.) They are licensed and the government may not in any way limit the
 **** COURT IS NOT CONVINCED THAT PRIVATE performance of their dancers
RESPONDENTS HAVE SHOWN REQUIRED PROOF TO 4.) Violates the First Amendment because it fails the third part of
JUSTIFY BAN AND TO WARRANT CONFISCATION OF THE O‘brien Test : the governmental interest must be unrelated to
LITERATURE FOR WHICH MANDATORY INJUNCTION HAD suppression of free expression
BEEN SOUGHT Claims: Govt
(1) Finding said materials to be pornography 1.) Valid: Time, Place, Manner of restriction
(2) Authorizing them to carry out a search ad seizure by way of 2.) Clearly within police power of state
warrants. 3.) Indecency statute justified as incidental limitation on expressive
 Were the literature so confiscated pornographic? activity
 Has the petitioner been found guilty under statute? 4.) Erotic message is conveyed by damcers
 Police power is no license the seize property in disregard of due Rationale of the law: Protecting Societal Order and Morality ::: Public
process. indecency: nudity = Criminal Offense at Common law
 It is basic that searches and seizures may be done only through a
judicial warrant, they become unreasonable and subject.  Other erotic performances : Performed without government
 Here no party has been charged, nor such cahrgees being readied interference so long as such performance is done with scant
against any party. amount of clothing (w/ panties and g-strings)
 What Indiana seek to address is not the erotic dancers but public
BARNES V. GLEN THEATRE nudity
Respondents are two establishments in South Bend Indiana who wish ti  Forth part of O‘brien test requires the incidental restriction on first
provide totally nude dancing as entertainment and individual dancers who are amendment freedom be no greater than is essential to the
employed at these establishments claim that First amendment’s guarantee of furtherance of government interest
freedom of expression prevents the state of Indiana from enforcing its public
 Government interest served by pretext of prohibition is societal
indecency law to prevent this form of dancing.
disapproval of nudity in public paces and among strangers.
FACTS:

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RENTON V. PLAYTIME THEATRES HELD:


Constitutional challenge to zoning ordinance, enacted by city of Renton,
Washington that prohibits adult motion picture theaters from locating 1,000 feet  Renton ordinance does not ban adult theaters altogether, but
of any residential zone, single or multiple family dwelling, church, park or merely provides that such theaters may not be located within 1K
school. feet from certain zones is to be analyzed as a form of time, place,
and manner regulation.
Facts:
 At first glance, it does not appear to fit neatly into either content
 1980,City Council of Renton enacted Ordinance No. 3626. It based or content neutral category.
prohibited any adult motion picture theater from locating within  Ordinance treats theaters that specialize in adult films differently
1,000 feet of any residential zone, single or multiple family dwelling, from other kinds of theaters. Nevertheless, it is aimed on the
church, park or school. content of films shown at ―adult motion picture theaters‖ buut raher
at secondary effects of adult theaters and not with the content of
 1982: respondents acquired 2 existing theaters in downtown of
adult films themselves.
Renton with intention of using them to exhibit feature-length adult
 The ordinance by its terms is designed to prevent crime, protect
films.
city‘s retail trade, maintain property values and generally protect
 Theaters were located within area proscribed by Ordinance.
st and preserve the quality of city‘s neighborhoods, commercial
Respondents filed a lawsuit challenging the ordinance on 1 and
th districts and quality of urban life NOT TO SUPRESS
14 amendment grounds.
EXPRESSION OF UNPOPULAR VIEWS.
 District court issued a preliminary injunction, and respondents
 In short: Renton ordinance is completely consistent with our
began showing adult films at their 2 theaters.
definition of content-neutral speech regulations as those that are

st
District Court –Renton ordinance did not substantially restrict 1
justified without reference to content of regulated speech.
Amendment interests, that Renton was not required to show
 Zoning ordinance designed to combat the undesirable secondary
specific adverse impact on Renton from operation of adult theaters
effects of such businesses are to be reviewed under standards
bt unrelated to suppression of speech and that restriction on
applicable to content neutral : time, place and manner regulations.
speech imposed by ordinance were no greater than necessary to
 Ordinance: meets substantial government interest and allows for
further government interest.
reasonable alternative avenues of communication. :: Interest in

st
CA—Renton ordinance constituted a substantial restriction on 1
attempting to preserve quality of urban life is one that must be
Amendment interest. Using O‘brien standard, Renton had failed to
accorded with much respect
establish adequately the existence of substantial government
 We hold that Renton was entitled to rely on the experience of
interest in support of ordinance, and that in any event, it had not
Seattles and other cities and in particular the detailed findings
been shown to be unrelated to suppression of expression.
summarized in Washington SC Northend Cinema opinion in
ISSUE: WHETHER OR NOT RENTON ORDINANCE VIOLATED 1
ST enacting its adult theater zoning ordinance.
st
TH
AND 14 AMENDMENT OF THE THEATER OWNERS IN LIEU OF  1 Amendment does not require a city, before enacting such
ZONING ORDINANCE ordinance to conduct new studies or produce evidence
independent of already generated by other cities so lon as

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whatever evidence city relies upon is reasonably believed to be  The activity was a school sponsored educational program in self-
relevant to the problem that city addresses. government
 Renton ordinance is narrowly tailored to affect only that category of  Speech referred to candidate used elaborate, graphic and explicit
teathers shown to produce the unwanted secondary effects thus sexual metaphor
avoiding flaw that proved fatal to the regulation.  Fraser‘s teachers informed him in advance that the speech was
 Not underinclusive, because at time Renton ordinance was inappropriate and that he should not deliver it.
enacted, any other adult business was located in or was  When he finally delivered the speech, there were different reactions
contemplating moving into Renton. among the students. Some hooted and yelled, some gestured
graphically simulated sexual activities, and some were
WON RENTON ORIDINANCEALLOWS FOR REASONABLE
embarrassed.
ALERNATIVE AVENUES OF COMMUNICATION:
 Bethel High school: Disciplinary rule –prohibits use of obscene
 It leaves some 520 acres or more than 50% of entire land area of language
Renton open to use as adult theaters.  Rationale: It interferes substantially the educational process
 Respondents claim: ―practically none‖ :::no commercially viable : all  School administrators claim that he violated such rule and gave
occupied him some time to explain
 Respondents must fend for themselves in real estate market on  Accordingly a penalty of suspension and removal from the list of
equal footing with other prospective purchasers and lessees candidates for graduation was given to him.
 First amendment requires only that Renton refrain from effectively  Hearing officers determined the speech to be indecent, lewd and
denying respondents a reasonable opportunity to open and operate offensive of modesty and decency.
an adult theater within the city, and the ordinace before us easily  Respondent, by his father as guardian ad litem brought this action
meets such requirement. in the US District Court for Western District of Washington. He
alleged that it violates his son‘s freedom of speech and asked for
In sum: Renton ordinance represents a valid government response to damages.
admittedly serious problems created by adult theaters. Renton has not  District court awarded damages. He was able to graduate and had
used ―the power of zone as a pretext of suppressing expression but been elected as graduation speaker.
rather has sought to make some areas available for adult theaters and
their patrons, while at the same time preserving the quality of life in the ISSUE: WHETHER OR NOT BETHEL HIGH SCHOOL COMMITTED A
community at lrgge by preventing theaters from locating n other areas. VIOLATION TO FRASERS RIGHT TO FREE SPEECH

BETHEL SCH. V. FRASER  Schools---interest : Protect captive audience (minors) from ewd
Facts: and indecent language,
 Purpose of pubic education is to prepare students for citizenship
 1983: Fraser : a student at Bethel High school made a speech
and inculcate in them the habits and manners of civility values
promoting a fellow student for the student elective office in
 These fundamental values of habits and manners of civility is
presence of 600 HS students, many of which are 14 y/o.
essential to a democratic society.

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 First amendment guarantees wide freedom on matters of adult  SUBJECT MATTER OF SPECTRUM THAT WERE OBJECTED
public discourse. 1.) Stories described 3 Hazelwood experiences with pregnancy
 But Rights of adult is not = to right of students in public schools. o Identity : secret BUT identifiable from text.
 Surely it is a highly appropriate function of public school education o Reference to sexual activity and birth control were
to prohibit the use of vulgar and offensive terms in public discourse. inappropriate from some of younger students at school.
 Indeed fundamental values necessary to maintainance of o Violates: Right of privacy
democratic political system disfavor the use of terms of debate 2.) Impact of Divorce on students at school
highly offensive or highly threatening to others. o Students parents should have been given an opportunity to
 Inculcation of these values is truly a work of the schools. respond to these remarks or to consent to their publication.
 The process of educating our youth for citizenship in public schools  No time to make the necessary changes in the stories before the
is not confined in books. Schools must teach by example the scheduled press run and that newspaper would not appear before
shared values of civilized order. the end of the school year.
 The schools as instruments of state, may determine that essential  Accordingly, Principal Reynolds directed to withhold such topics
lessons of civil, mature conduct cannot be conveyed in school that from the publication.
tolerates lewd, indecent and offensive speech and conducts such  District Court –denied injunction + schools officials may impose
as that indulged in by this confused boy restraints on students speech so long as their decision has a
 Pervasive sexual innuendo offensive to both teachers and substantial and reasonable basis.
students.  CA—public forum because newspaper was intended tto be and
 Obscenity: such utterances are no essential part of any expression operated as a conduit for student viewpoint. Spectrum, a public
of ideas and are of such slight social values as a step to truth any forum precluded school officials from censoring its contents except
benefit may be derived from them is clearly outweighed by social when necessary to avoid material and substantial intereference
interest in order and morality with school work or discipline or rights of others.
 Only if publication of articles : could have resulted in tort liability to
HAZELWOOD V KUHLMEIER school.
This case concerns extent to which educators may exercise editorial control
over contents of high school newspaper produced as part of school’s ISSUE: WON SCHOOL OFFICIALS MAY IMPOSE RESTRAINTS ON
journalism curriculum. STUDENTS SPEECH IN PUBLICATION OF SCHOOL SPONSORED
NEWSPAPER BY JOURNALIM CLASS
Facts:
HELD:
 Petitioners, Hazel School District and various school officials
 Respondents are 3 students who are staff members of Spectrum,  Students in the public schools do not ―shed their constitutional right
the school newspaper, they contend that school officials violated to freedom of speech or expression at the schoolhouse gate—
their First Amendment rights by deleting 2 pages of articles from unless school authorities have reason to believe that such
their May 13 1983 issue.

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expression will ―substantially interfere with the work of school or school-sponsored publications, and other expressive activities
impinge of other students‖ might reasonably perceive to bear the imprimatur of the school.
 We have nonetheless recognized that first amendment rights of  Educators are entitled to exercise greater control over this form of
students in the public schools ―are not automatically coextensive students expression to assure that participants learn whatever
with the rights of adults in other settings‖ (Bethel School District v. lessons the activity is designed to teach, that readers or listeners
Fraser) and must be applied in light of special characteristics of are not exposed to materials that may be inappropriate for their
school environment level of maturity, and that vews of the individual speaker are no
 Fraser : student could be disciplined for having delivered a speech erroneously attributed to school
that was sexually explicit but not legally obscene at an official  Principal Reynolds acted reasonably in requiring deletion from may
school assembly because the school was entitled to disassociate 13 issue of Spectrum of such articles.
itself from speech in a manner  The legal, moral, and ethical restrictions imposed upon journalists
 School facilities may be deemed to be public forums only if school with a school community includes adolescent subjects and readers.
authorities have by policy or by practice opened those facilities for
indiscriminate use by general public or by some segment of public BAYAN v. ERMITA
such as student organization. Facts:
 Journalism II course, included development of journalistic skills
 Petitioner Citizens and Taxpayers + Right as organizations and
under deadline pressure, the legal, moral, ethical restriction
individuals : Violated ::: participated in a rally
imposed upon journalists within school community and
 BP 880 & its No Permit No Rally Policy
responsibility and acceptance of criticism for articles of opinion.
 (Free exercise of such right without prejudice to right of others to
 Journalism teacher: both authority to exercise and in fact exercised
Life Liberty and Property)
great deal of control over spectrum.
 Students were permitted to exercise some authority over contents  Important features
of Spectrum was fully consistent with Curriculum Guide objective of  Permit not required : Freedom Park/Private Property with
teaching Journalism II students leadership responsibilities as issue consent of owner
and page editors.  Filed with City of Mayor at least 5 working days before
 They reserved forum for its unintended purpose as supervised  Acknowledged and posted : Conspicuous place city and
learning experience for journalism students. School officials are municipal building
entitled to regulate the contents of Spectrum in any reasonable  Duty to grant : Unless Clear and Convincing Evidence—Public
manner. assembly : Create Present Danger to Public Order, Public

st
Question of whether 1 amendment requires a school to tolerate Order, Public Safety, Public convenience, morals and health
particular speech ::: ability to silence a student‘s personal  Act w/in 2 working days : refusal to accept : Paste on any
expression that happens to occur on the school premises premises –deemed filed

st
is different from question of whether 1 amendment requires school  In case: (Imminent danger: Mayor shall inform applicant and
affirmatively to promote particular student speech. :::authority over accord right to be heard)
 Denial  Remedy  RTC (decide within 24 hours)

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 Mayor: Designate route/re-route vehicular traffic: Assure ::: no  Fair and Impartial reading shows that it refers to all kinds of public
serious / Undue interference with free flow of commerce and assemblies that would use public plaes not content based
trade regulation (x) refer to any subject
 Take measures : Peaceful assembly  Yes, fundamental personal right is recognized and guaranteed by
 Police non-interference atleast 100 meters away the Constitution.
 No arrest unless violating statute  Exercise of Right is not absolute:: may be so regulated (not
 Create freedom parks within 6 moths injurious) to equal enjoyment of others with equal rights
 Simply regulates Place + Time + Manner : Assemblies
ARGUMENTS  UDHR + ICCPR
- Allows limitations: recognize & respect to rights and freedoms of
 Requires permit regardless of presence/absence of danger
others
 Curtails choice of venue (time & place) : Part of message
- Respect to right and reputation of others
 Not content neutrl
 Mandate: At least 1 suitable freedom park
 Curtails right to peaceful assembly and redress of grievances:
 No permit prior to establishment of freedom park :: for without such
not mere regulation but prohibition
forum, to deny permit = deny rights
 5 days: too long
 Calibrate Pre-emtive response : not valid : if it means the same as
 Pre-emptive: government already knows
maximum tolerance; maximum tolerance remains ; confuses
 Chilling effect
people & may be susceptible to abuse.
PUBLIC PURPOSE: Traffic re-routing, prevent public  If after 30 days from finality of this decision, no freedom park :
inconvenience and unde interference of commerce and trade designated, ALL PUBLIC PARKS AND PLAZAS OF
MUNICIPALITY = Freedom park : No prior permit required to hold
CPR: responsible and judicious means allowed by existing laws : assembly therein.
protect public interest and restore public order

BASIS OF CLAIM: Art 3 Sec 4 : Protects freedom of speech,


expression, press, peaceably assembly and redress of grievances

- Basic functional democratic policy without which all rights,


meaningless and unprotected.
 Right to peaceably assemble & petition redress of grievances is
together with freedom of speech, of expression and of press enjoys
primacy in the realm of constitutional protection.
 BP 880 is not an absolute ban of public assemblies but a restriction
that regulates PTM

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