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Constitutional Law 2 Assignment for February 21st, 2013

1. Read Constitution, Article III, Section 4; Article 18 (1) : Freedom of Expression

Revised Penal Code, Articles 353 and 358

2. Read any textbook on Freedom of Expression.

Guide questions : (Try to look for answers to these questions in the textbook and in

the assigned cases)

3. What is the nature of Freedom of Expression? What does Freedom of Expression

include? What is its scope?

4. What position does the Freedom of Expression in the hierarchy of rights? Why?

5. The guarantee of free speech prohibits overbreadth and vagueness (void for

vagueness ) in a statute or ordinance. How is overbreadth and void for vaguenessapplied in freedom of expression issues?

6. What is the doctrine of prior restraint?

7. What is understood in that rights and liberties are relative?

8. What are the tests for the government to interfere with freedom of expression and

assembly? Clear and Present Danger Test; Dangerous Tendency Test; Balancing

of Interests Test

9. What is obscenity? Is obscenity protected by freedom of expression? Is obscenitythe same as pornography?

10. Are there limitations on free speech?

11. What is symbolic or nonverbal speech?

12. What is freedom of assembly? What is to petition for redress of grievances?

13. What is libel? What is slander?

14. What constitutes libel?

Assigned cases:

15. Review PBM Employees Organization vs. PBM Co. Inc. 51 SCRA 189 (1973) on

freedom of expression and assembly and preferred position of these freedoms.

No case digest to be submitted. All students

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16. Chavez vs. Secretary Gonzalez, 545 SCRA 441, [G.R. No. 168338] (Feb. 15,

2008)

What government action was assailed by Chavez as violative of the freedom ofexpression? What was the content of the act sought to be prevented? What are

content-based and content-neutral regulations? Was the law constitutive of prior

restraint? What test was used in determining whether the act of the governmentdid not violate freedom of expression?

Group 1 Canal

Group 2 MendozaGroup 3 Hadap

17. Sanidad vs. Comelec, 181 SCRA 529, [G.R. No. 90878] (Jan. 29, 1990)

What did the Comelec prohibit? Was it an unconstitutional restraint on freedom ofexpression? Why? Did the law pass the test of overbreadth and vagueness? Was

it an appropriate test for restrictions on free speech?

Group 1 Alcantara

Group 2 NavarroGroup 3 Lazaro

18. Osmena vs. Comelec, 288 SCRA 447 [G.R. No. 132231] (March 31, 1998)

What law was questioned in this case? What specific provision in the law? What

were the arguments of the petitioners in assailing the provision of the law? Did

the law comply with the overbreadh and vagueness tests? Was the provisionassailed content-neutral or content-based? The case cited United States vs. O

Brien. What was discussed in the O Brien case? Was the Clear and Present

danger test appropriate in resolving the issue in this case?Group 1 De Vera

Group 2 Chua

Group 3 - Barroga

19. Lagunzad vs. Sotto Vda. De Gonzales, 92 SCRA 476 [No. L-32066] (April 6,

1979)What exhibition was sought to be prevented? Why? Did the court grant the

petition? Why? Did it constitute prior restraint? What is another term for prior

restraint?

Group 1 - Agbayani

20. SWS vs. Comelec, 357 SCRA 496, [G.R. NO. 147571 (May 5, 2011)

What provision in the law was questioned to be violative of the freedom ofexpression? Why? What was sought to be done by the questioned provision in the

law? What were the arguments of the petitioners? How did the court rule on the

petition? Why?Group 2 - Ferma

21. National Press Club vs. Comelec, 207 SCRA 1 [G.R. No. 102925] (March 5,

1992)

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What law or regulation was assailed by the NPC as against the freedom of

expression? How was the doctrine in the O Brien case applied? How did the

court rule in this case?Group 3 De Guzman

22. Iglesia ni Cristo vs. Court of Appeals, 259 SCRA 529 [G.R. No. 119673] (July26, 1996)

Concentrate only on freedom of expression. Do not touch on freedom of religion.

What agency of government was questioned in this case? Why? Did the actconstitute a prior restraint? What test was applied or was

Group 1 Reyes

Group 2 Patdu

Group 3 Santiago

23. Zaldivar vs. Sandiganbayan. 166 SCRA 316 (1988)

What right or rights did the respondent invoke in this case? How did the court

discuss the different tests for a valid government interference? The casementioned visible tendency rule. What was this?

Group 1 - Mateo

24. Fernando vs. Court of Appeals, 510 SCRA 351, [G.R. No.159751] (Dec. 6, 2006)

What is obscenity? What is the test of obscenity? What happened in this case?

Who should determine when obscenity should be curtailed?Group 1 Lavarro

Group 2 Dizon

Group 3 Morales

25. United States vs. Kottinger, 45 Phil. 352 [No. 20569] (Oct. 29, 1923)

What happened to Kottinger? What was his business? What was he charged of?How did the court define obscene and obscenity/ What is the test to

determine whether something is obscene?

Group 1 AnyGroup 2 Any

Group 3 Any

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