Philippine Bar review · Question

Practice question: Prior Restraint and Subsequent Punishment

Essay Medium Jurisprudence

Practice question

Distinguish prior restraint from subsequent punishment. Does identifying a sanction as subsequent punishment necessarily establish its validity, and does invalidity of a prior restraint establish immunity from every possible later liability?

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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