Philippine Bar review · Question

Practice question: Content-based and Content-neutral Regulations

Multiple Choice Medium

Practice question

An agency imposes a genuinely message-independent rule to serve an important public interest but concedes it lacks legal authority to regulate the affected speech activity. It says neutrality and importance alone cure the missing power. Which answer follows Diocese’s framework?
  1. Any important goal creates unlimited regulatory jurisdiction
  2. The rule must also fall within the Government actor’s constitutional authority; neutrality alone is insufficient
  3. Agency labels replace the power requirement
  4. Only the speaker must supply authority to the regulator
  5. Every neutral regulation is beyond judicial review

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

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