Philippine Bar review · Question

Practice question: Prior Restraint and Subsequent Punishment

Multiple Choice Medium Jurisprudence

Practice question

A newspaper has printed a report but has not distributed any copies. A government order forbids its initial distribution because of the political allegation it contains. Officials say it cannot be prior restraint because ink is already on paper. Which is correct?
  1. Printing alone makes every future restraint subsequent punishment
  2. Only the cost of paper matters
  3. No constitutional inquiry is possible until every copy is sold
  4. The order automatically grants immunity for all later publications
  5. Preventing dissemination of the report still raises prior-restraint concerns; completion of printing does not resolve them

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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