Philippine Bar review · Question

Practice question: Prior Restraint and Subsequent Punishment

Multiple Choice Easy Jurisprudence

Practice question

What presumption applies to governmental prior restraint of expression under Chavez v. Gonzales?
  1. A presumption that government convenience always prevails
  2. A presumption that every critical report is false
  3. A presumption that licensing removes speech protection
  4. A presumption that official warnings cannot affect speech
  5. A heavy presumption against the restraint's 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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