Philippine Bar review · Question

Practice question: Prior Restraint and Subsequent Punishment

Multiple Choice Medium

Practice question

A private newspaper editor independently chooses not to print a submitted column. No official coercion, governmental role or other legal claim is alleged. The author calls this, by that fact alone, the governmental prior restraint analyzed in Chavez. Which distinction is necessary?
  1. An independent editorial choice is not automatically the governmental coercive restraint addressed in Chavez
  2. Every private editing decision is a government order
  3. An editor must publish every submission under Chavez
  4. The author automatically owns the entire newspaper
  5. State involvement is irrelevant to identifying the asserted governmental restraint

Legal references

  • Chavez v. Gonzales, G.R. No. 168338, February 15, 2008, main decision: https://lawphil.net/judjuris/juri2008/feb2008/gr_168338_2008.html

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