Constitutional Law II - Bill of Rights Section 4 Flashcards
Sec. 4, Art. III, 1987 Constitution
No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances
Is the freedom of speech and
expression limited to the enactment of laws abridging the
same?
No, it affects all governmental acts
What is the scope of the
freedom of speech and
expression?
The scope of freedom of expression is so broad that it extends protection to nearly all forms of communication. It protects speech, print and assembly regarding secular as well as political causes, and is not confined to any particular field of human interest.
What is the nature of the
freedom of speech and
expression?
It is not absolute.Some types of speech may be subjected to
some regulation by the State under its pervasive police power, in order that it may not
be injurious to the equal right of others or those of the community or society
What is the dangerous tendency doctrine?
the dangerous tendency doctrine which permits limitations on speech once a
rational connection has been established between the speech restrained and the
danger contemplated;
What is the balancing of interest test?
A “balancing test” is defined as a subjective test with which a court weighs competing interests.
What is the clear and present danger rule?
the clear and present danger rule which rests on the premise that speech may
be restrained because there is substantial danger that the speech will likely lead to an
evil the government has a right to prevent. This rule requires that the evil
consequences sought to be prevented must be substantive, “extremely serious and
the degree of imminence extremely high.”
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What is the rationale of the
freedom of speech and
expression?
Freedom of expression has gained recognition as a fundamental principle of every
democratic government, and given a preferred right that stands on a higher level than
substantive economic freedom or other liberties.
Why freedom of the press is important?
It is the chief source of information on current affairs. It is the most
pervasive and perhaps most powerful vehicle of opinion on public questions. It is the
instrument by which citizens keep their government informed of their needs, their
aspirations and their grievances. It is the sharpest weapon in the fight to keep
government responsible and efficient. Without a vigilant press, the mistakes of every
administration would go uncorrected and its abuses unexposed.
Do the freedom of speech and of
the press offer protection in
case of criticism against public
officials, the judiciary included?
The guaranties of a free speech and a free press include the right to criticize judicial
conduct. The administration of the law is a matter of vital public concern.
What is a political speech?
political speech, that which “refers to speech ‘both intended
and received as a contribution to public deliberation about
some issue,’ ‘foster[ing] informed and civic-minded
deliberation.”
What are the guarantees
accorded to protected speech?
Freedom from prior restraint
Freedom from subsequent punishment
Can there be a valid prior
restraint on protected speech?
it is important to stress not all prior
restraints on speech are invalid. Certain previous restraints may
be permitted by the Constitution
What is content-neutral regulation?
merely concerned with the
incidents of the speech, or one that merely controls the time, place or
manner, and under well defined standards
What is content based restraint?
the restriction is based on the subject matter of the
utterance or speech
