Freedom of the Press

What are the four aspects of freedom of the press?

SUGGESTED ANSWER:

1. freedom from prior restraint
2. freedom from punishment subsequent to publication
3. freedom of access to information
4. freedom of circulation

What is the difference between “content-neutral” regulation and a “content-based” restraint?

SUGGESTED ANSWER:

A “content-neutral” regulation merely concerned with the incidents of the speech or one that controls the time, place or manner and under well defined standards (example BP 880). A “content-based” restraint or censorship is based on the subject matter of the utterance or speech.

The first is subjected to an “intermediate review.” The other bears a heavy presumption of invalidity and is measured against the clear and present danger rule.


“Hello Garci” CDs Case

In 2006, following the public release of the “Hello Garci” tapes, DOJ Secretary Raul Gonzalez and the NTC issued a warning against reporters from airing the same. Gonzales warned reporters that those who had copies of the CD and those broadcasting or publishing its contents could be held liable under the Anti-Wiretapping Act. Are the official statements of the Gonzales and the NTC constitutional?

SUGGESTED ANSWER:

No. The SC nullified the official statements made by DOJ Secretary Gonzalez and the NTC for constituting unconstitutional prior restraint on the exercise of freedom of speech and of the press.” The Court held that the challenged acts in the case at bar need to be subjected to the clear and present danger rule, as they are content-based restrictions. The acts of respondents focused solely on but one object – a specific content – fixed as these were on the alleged taped conversations between President Arroyo and Garcillano.

The Court said that a governmental action that restricts freedom of speech or of the press based on content is given the strictest scrutiny, with the government having the burden of overcoming the presumed unconstitutionality by the clear and present danger rule. visit fellester.blogspot.com This rule applies equally to all kinds of media, including broadcast media. Prior restraint on speech based on its content cannot be justified by hypothetical fears, said the Court. (GR No. 168338, Chavez v. Gonzalez, February 15, 2008)