Philippine Bar review · Question

Practice question: Prior Restraint and Subsequent Punishment

Multiple Choice Easy Jurisprudence

Practice question

Which situation illustrates subsequent punishment rather than prior restraint?
  1. An official requires approval of an editorial before printing
  2. A censor orders a station not to air a report tomorrow
  3. An agency refuses advance clearance for a poem
  4. A court imposes a penalty for a completed publication after proceedings
  5. Police confiscate an unpublished manuscript to prevent its release

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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