Does the California law that restricts the sale or rental of violent video games to minors violate the First Amendment?Ruling: Yes, the Court revoked the law, ruling that video games were protected speech as other forms of media. Videogames qualify for First Amendment protection because they communicate ideas through familiar literary devices andfeatures distinctive to the medium.
ecause the Act imposes a restriction on the content of protected speech, it is invalidunless California can demonstrate that it passes strict scrutiny, i.e., it is justified by a compelling government interest and isnarrowly drawn to serve that interest.
Gov. Garcia vs ManriqueGR 186592, Oct 10, 2012Facts:
The instant case stemmed from an article in Luzon Tribune, wherein respondent Manrique is the publisher/editor,which allegedly contained disparaging statements against the Supreme Court. The petitioners alleged that the subject
article undermines the people’s faith in the Supreme Court due to blunt allusion that they employed bribery in order
toobtain relief from the Court, particularly in obtaining a TRO in a certain case. Manrique alleged that there was nothingmalicious or defamatory in his article since he only stated the facts or circumstances which attended the issuance of theTRO.
Are court decisions beyond criticism and public opinion?
No. The court ruled that every citizen has the right to comment upon and criticize the actuations of public officersand such right is not diminished by the fact that the criticism is aimed at judicial authority. It is, however, crucial that suchcriticisms be decent and proper.
Is Manrique’s invocation of the freedom of speech in his criticisms tenable?
No. Manrique’s article no longer partakes of an adverse criticism of an official act but an indecent attempt to
malign the petitioners which ultimately brought equal harm to the reputation of this Court. Malicious publications cannotseek the protection of the constitutional guaranties of free speech and press.
Leave Division of OCA vs HeusdensA.M. No. P-11-2927, December 13, 2011Facts:
Respondent left for abroad without waiting for the result of her application. It turned out that no travel authority wasissued in her favor because she was not cleared of all her accountabilities as evidenced by the SC Certificate ofClearance. The OCA found respondent to have violated the OCA Circular for failing to secure the approval of her application for travel authority.
What are the inherent and statutory limitations on the constitutional right to travel?
The exercise of one’s rig
ht to travel is not absolute. There are constitutional, statutory and inherent limitations
regulating the right to travel. Section 6 provides that “neither shall the right to travel be impaired except in the interes
t ofnational security, public safety o
r public health, as may be provided by law.” Inherent limitations on the right to travel are
those that naturally emanate from the source. An example of such inherent limitation is the power of the trial courts toprohibit persons charged with a crime to leave the country. Some of these statutory limitations are the following:1.
The Human Security Act of 2010 or Republic Act (R.A.) No. 9372.2.
The Philippine Passport Act of 1996 or R.A. No. 8239.3.
Trafficking in Persons Act of 2003” or R.A. No. 92
The Migrant Workers and Overseas Filipinos Act of 1995 or R. A. No. 8042, as amended by R.A. No. 10022.5.
The Act on Violence against Women and Children or R.A. No. 9262.6.
Inter-Country Adoption Act of 1995 or R.A. No. 8043.
RE: REQUEST FOR COPY OF 2008 STATEMENT OF ASSETS, LIABILITIES AND NETWORTH [SALN] AND PERSONAL DATA SHEET ORCURRICULUM VITAE OF THE JUSTICES OF THE SUPREME COURT AND OFFICERS AND EMPLOYEES OF THE JUDICIARY. A. M. No. 09-8-6-SC, June 13, 2012.
Rowena Paraan, Research Director of the PCIJ, sought copies of the SALN of the Justices of the Supreme Court for the year 2008. She also requested for copies of the Personal Data Sheet of the Justices of this Court for the purpose ofupdating their database of information on government officials.
Can the SALN of justices be accessed via the right to information?
Yes. The right to information goes hand-in-hand with the constitutional policies of full public disclosure and honesty inthe public service.