Philippine Bar review · Question

Practice question: Facial Challenges and Overbreadth Doctrine

Multiple Choice Hard

Practice question

In Disini, the Court found expression-related defects in applying the aiding-or-abetting provision to specified content offenses, while allowing it for identified other cybercrimes. A commentator says a legitimate application to illegal access automatically proves every application to online expression constitutional. Which is correct?
  1. One valid nonspeech application automatically validates every speech burden
  2. All cybercrime regulation is necessarily unconstitutional
  3. The medium makes constitutional analysis impossible
  4. The valid applications do not by themselves answer the distinct expression-related sweep and chilling concerns addressed by the Court
  5. Aiding or abetting is never subject to constitutional limits

Legal references

  • Disini v. Secretary of Justice, G.R. No. 203335 et al., February 11, 2014, main decision: https://lawphil.net/judjuris/juri2014/feb2014/gr_203335_2014.html; Section 5 discussion.

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