Practice question
A statute authorizes a penalty for a completed publication, imposed only after a case is heard. An official argues that calling the sanction subsequent punishment necessarily proves it constitutional. Which response is best?
- The label proves constitutionality in every case
- The label changes the sanction into prior restraint
- Subsequent punishment describes timing; the sanction must still comply with constitutional free-expression protections
- No completed expression can ever generate any liability
- Only a private publisher may decide constitutional validity
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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