Practice question
A government office prohibits broadcasting a specified political discussion because officials fear it could embarrass the administration and might cause unspecified unrest at some future time. It offers no evidence of a serious imminent substantive evil. It invokes its regulatory authority as a complete answer. Under Chavez's approach to content-based restraint of protected expression, which is best?
- The restriction is valid whenever an agency has any regulatory authority.
- Embarrassment alone conclusively establishes clear and present danger.
- The heavy presumption against content-based restraint is not overcome by the stated speculative fears.
- A reference to future unrest eliminates the need for evidence.
- The discussion loses protection solely because it is political.
Legal references
- Chavez v. Gonzales, G.R. No. 168338, February 15, 2008, main decision, content-based and content-neutral restraints: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/56004
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