Philippine Bar review · Question

Practice question: Content-based and Content-neutral Regulations

Multiple Choice Medium

Practice question

A rule bans every discussion of a referendum but permits unrelated commercial and entertainment messages. It bans both yes and no advocacy equally. Officials call it content-neutral because neither side is favored. Which is correct?
  1. The subject-matter distinction remains content-based despite equal treatment of both referendum positions
  2. Equal treatment within a subject always establishes content neutrality
  3. A referendum message is not expression
  4. Only favorable advocacy can be political speech
  5. Commercial speakers automatically determine the standard

Legal references

  • Diocese of Bacolod v. COMELEC, G.R. No. 205728, January 21, 2015, main decision: https://lawphil.net/judjuris/juri2015/jan2015/gr_205728_2015.html
  • Chavez v. Gonzales, G.R. No. 168338, February 15, 2008, main decision: https://lawphil.net/judjuris/juri2008/feb2008/gr_168338_2008.html

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