Philippine Bar review · Question

Practice question: Tests to Determine Validity of Governmental Regulation

Essay Medium Jurisprudence

Practice question

Explain why a bare claim that a peaceful broadcast could cause unrest someday does not necessarily satisfy the clear-and-present-danger test. Does the test require courts to ignore an actually demonstrated serious imminent danger?

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
  • Diocese of Bacolod v. COMELEC, G.R. No. 205728, January 21, 2015, main decision, speech-regulation tests: https://lawphil.net/judjuris/juri2015/jan2015/gr_205728_2015.html

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