Philippine Bar review · Question

Practice question: Prior Restraint and Subsequent Punishment

Multiple Choice Medium Jurisprudence

Practice question

A city requires newspapers to submit every editorial criticizing local officials for official approval before publication. No constitutional justification is established. What is the principal speech problem?
  1. It imposes content-based prior restraint on political expression
  2. It is merely a voluntary right of reply
  3. It is only punishment for a publication already completed
  4. It is automatically valid because city officials are elected
  5. It is immune from review because editors can remain silent

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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