SECTION 4 - Right to Information

Question 1

Sec. 4. No law shall be passed abridging the freedom of ______________, of __________________, or of the _______________, or the right of the people peaceably to _________________ and ______________ the government for redress of grievances.

Answer 1

speech; expression; press; assemble; petition.

Question 2

Sec. 4.
● Right to __________________________ whatever one pleases without previous restraint and subsequent punishment or sanction, and to be protected against any responsibility for doing so as long as it does not violate the law, or injure someone’s character, reputation, or business.

Answer 2

freely utter and publish

Question 3

Sec. 4.
● Also involves the right to _____________ what is published.

Answer 3

circulate

Question 4

Scope of Freedom of Expression

• _____________________ - may be oral or non-oral (protests, pickets, salutes, displays, etc) regardless of form (music, art, film, etc) or means (phone, print, etc.)

Answer 4

Free speech / expression

Question 5

Scope of Freedom of Expression

• _____________ is every sort of publication, radio,
  television, internet.

Answer 5

Free press

Question 6

Scope of Freedom of Expression

• ______________________________________ in respect to public affairs Petition to apply, without fear of penalty, to the government for redress of grievance.

Answer 6

Assembly meet peaceably for consultation

Question 7

Scope of Freedom of Expression

• ______________________ (not contrary to law)– right to join or leave groups voluntarily

Answer 7

Freedom of association

Question 8

Importance of Guarantee
1. __________________ of the individual and the nation
2. Makes possible _________________, and conduct of public officials
3. Insures a ______________________ government

Answer 8

1. Promotes growth;
2. scrutiny of acts;
3. responsive and popular

Question 9

Freedom is not absolute
1. __________________________ – so that it does not injure society. Exercise of police power.

2. __________________________ – slander, libel, lewd and obscene, fighting words, seditious speech – unprotected speech

Answer 9

1. Subject to State regulation;
2. Subject to liability when abused

Question 10

Freedom of the Press (4 aspects)
1. ______________________________- official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination

2. ____________________________ - punishing the purveyor of illegal speech after it is published.
3. __________________________ - Sec. 7, Art. III
4. _________________________ - unhampered distribution of newspapers and other media among customers and among the general public. (censorship, permit/license to distribute, fee/tax = meant to limit distribution)

Answer 10

1. Freedom from prior restraint;
2. Freedom from subsequent punishment
3. Freedom to access to information
4. Freedom of circulation

Question 11

When is it justified to abridge freedom?

• ______________________: there exists substantial danger that the speech will likely lead to an evil the government has the right to prevent.

Answer 11

Clear and present danger rule

Question 12

Other tests used (when is it justified to abridge freedom):
a. ____________________________ – sufficient that there’s a rational connection between speech and danger contemplated

Answer 12

Dangerous tendency test

Question 13

Other tests used (when is it justified to abridge freedom):
b. __________________________ - used as a standard when courts need to balance conflicting social values and individual interests, and requires a conscious and detailed consideration of the interplay of interests observable in a given
situation.

Answer 13

Balancing of interest test

Question 14

Right to assembly and petition
a. _______________ - meet peaceably for consultation in respect to public affairs

b. _______________- to apply, without fear of penalty, to the government for redress of grievance

Answer 14

a. Assembly ;
b. Petition

Question 15

Public demonstrations are important in a
democracy:
● Public demonstrations empower people by showing them _____________________.
● It alters the agenda and _________________.
● It gives an essential __________________. It is a vital corrective to majority rule.
● Sometimes it ______________. Maybe not in the ways planned or intended. Sometimes it takes a generation or more.

Answer 15

• they are not alone;
• starts a debate;
• voice for minority groups;
• succeeds.