Philippine Bar review · Question

Practice question: Content-based and Content-neutral Regulations

Multiple Choice Hard

Practice question

Officials prohibit publication of a particular political allegation because it could embarrass the administration. They defend the prohibition as content-neutral, reasoning that it applies to newspapers, radio, and online publishers alike. No separate unlawful-speech category or sufficient constitutional justification is established. Which analysis is correct?
  1. Uniform application across media automatically makes it neutral.
  2. Content depends only on the size of the publisher.
  3. The rule targets the allegation's message, and equal treatment across media does not remove the content-based character.
  4. The government's embarrassment is by itself a conclusive constitutional justification.
  5. Online expression has no constitutional relevance.

Legal references

  • 1987 Constitution, Article III, section 4, https://lawphil.net/consti/cons1987.html
  • Chavez v. Gonzales, G.R. No. 168338, February 15, 2008, content-based and content-neutral restraints discussion, https://lawphil.net/judjuris/juri2008/feb2008/gr_168338_2008.html
  • Diocese of Bacolod v. COMELEC, G.R. No. 205728, January 21, 2015, content regulation discussion, https://lawphil.net/judjuris/juri2015/jan2015/gr_205728_2015.html

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