Philippine Bar review · Question

Practice question: Prior Restraint and Subsequent Punishment

Multiple Choice Hard Jurisprudence

Practice question

A broadcast regulator tells licensed stations that airing a specified political report will trigger suspension of their licenses. The communication is backed by the regulator's enforcement authority and chills the planned broadcast, but it is styled a press statement rather than a formal order. No adequate constitutional justification is shown. Under Chavez, which assessment is best?
  1. The title press statement categorically precludes prior restraint
  2. A license eliminates the station's constitutional protection
  3. A threat is constitutionally relevant only after suspension is actually imposed
  4. The coercive government threat may constitute prior restraint despite its informal form
  5. The report must be submitted to the regulator merely because it is political

Legal references

  • 1987 Constitution, Article III, Section 4, freedom of speech, expression and the press: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
  • Chavez v. Gonzales, G.R. No. 168338, February 15, 2008, main decision, prior restraint, governmental threats and clear and present danger: https://lawphil.net/judjuris/juri2008/feb2008/gr_168338_2008.html

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