Practice question
An organization presents a concrete record that a penal speech provision deters protected advocacy by absent speakers. It also raises unrelated constitutional complaints requiring individual facts. Relying specifically on Calleja’s majority approach, which course is best?
- Treat criminal penalties as an absolute bar to every facial-expression claim
- Decide every unrelated factual issue facially merely because one speech claim is reviewable
- Automatically dismiss every future actual case
- Declare the entire statute void without addressing the alleged speech reach
- Examine the permissible expression-related facial claim while preserving other matters for an appropriate actual as-applied case
Legal references
- Calleja v. Executive Secretary, G.R. No. 252578 et al., December 7, 2021, main decision: https://lawphil.net/judjuris/juri2021/dec2021/gr_252578_2021.html
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