Bill of Rights Flashcards
What are the rights under the Bill of Rights
INFORMATION
Judicial privilege… who can invoke?
Only the Supreme Court and not any individual POE of the judiciary…
… KAILANGAN NG CONSENT NG SC.
INFORMATION
Hierarchy of judicial privilege
this is higher than the public’s right to know (In re Production of Court Records) or the public’s “evidentiary need” or “right to every man’s evidence”
PURPOSE:
INTEGRITY, INDEPENDENCE (FREEDOM FROM PRESSURE) on the Judiciary.
EXPRESSION
freedom of expression
unang iisipin…. kung may exceptions ba
EXPRESSION
what acts abridge freedom of expression/speech
ban (or prohibition) / censorship / prior restraint / subsequent punishment
EXPRESSION
police power in freedom of expression
burden of proof
reasonable
overbreadth
balancing interests
dangerous tendency
EXPRESSION
police power diagram for freedom of expression
overbreadth
EXPRESSION
overbreadth
EXPRESSION
obscenity
Determination is judicial prerogative
case-to-case
contemporary standards
no serious
literary, artistic, POLITICAL, or scientific value
exceptions to freedom of expression
EXPRESSION
libel
ASSEMBLY
freedom of assembly…
check if…
assembly: public or private employees ba…
ASSEMBLY
Government employees/CSC employees
no right to strike….
but have right to form/join
unions and associations
ASSEMBLY
all others have a right to strike..
but… regulated
ASSEMBLY
when assembly permit not required…
