Practice question
A court signs an order preventing publication of an identified political report. The Government argues that judicial signature alone removes the need to satisfy the constitutional prior-restraint standard, even though the order suppresses content and no sufficient justification has been shown. Which conclusion is best?
- Every judicial injunction is immune from speech review
- Only administrative restraints can ever violate expression
- A court’s signature amends Article III
- The order must still be examined as a governmental restraint; its judicial form does not itself establish constitutional validity
- The reporter must prove every possible future publication harmless
Legal references
- Chavez v. Gonzales, G.R. No. 168338, February 15, 2008, main decision: https://lawphil.net/judjuris/juri2008/feb2008/gr_168338_2008.html
- 1987 Constitution, Article III, Section 4: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
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