Philippine Bar review · Question

Practice question: Facial Challenges and Overbreadth Doctrine

Multiple Choice Easy

Practice question

Why can speech-overbreadth analysis consider effects on persons not before the court?
  1. Every stranger is automatically guilty
  2. Third parties lose their speech rights
  3. The court must approve all future criminal conduct
  4. Only the challenger’s wealth matters
  5. Protected expression may be chilled even among absent speakers who avoid risking prosecution

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
  • 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

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