Philippine Bar review · Question

Practice question: Tests to Determine Validity of Governmental Regulation

Multiple Choice Hard Jurisprudence

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?
  1. The restriction is valid whenever an agency has any regulatory authority.
  2. Embarrassment alone conclusively establishes clear and present danger.
  3. The heavy presumption against content-based restraint is not overcome by the stated speculative fears.
  4. A reference to future unrest eliminates the need for evidence.
  5. 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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