FREEDOM OF EXPRESSION

- “at once the instrument the instrument and the guaranty and the bright
consummate flower of all liberty”
- available only insofar as it is exercised for the discussion of matters affecting
the public interest. PURELY PRIVATE MATTERS DO NOT COME WITHIN THE
GUARANTY.
- Invasion of privacy is not sanctioned by the Constitution

Importance
- sovereignty would be negated if they were denied the opportunity to
participate in the shaping of public affairs through the arbitrary imposition
upon them of the ban of silence.
- Every citizen has a right to offer his views and suggestions in the discussion
of the common problems of the community or nation (not only a right but a
duty)

Several theories and schools of thought that strengthen the need to protect the basic
right to freedom of expression:
1. deliberate democracy
2. free speech as being under the concept of a market place of ideas
3. free speech involves self-expression that enhances human dignity
4. free expression as a marker of group identity
5. Bill of Rights is supposed to protect individuals and minorities against
majoritarian abuses perpetrated through the framework of democratic
governance
6. Free speech must be protected under the safety valve theory

2 Paradigms of free speech:

1. equality-based approach
2. considerations of equality of opportunity or equality in the ability of citizens
as speakers should not have a bearing in free speech doctrine
Scope
- not confined only to those that are sympathetic or acceptable to the majority
- should permit the articulation of even the unorthodox view, though it be
hostile to or derided by others, or induces a condition of unrest, creates
dissatisfaction with conditions as they are, even stirs people to anger
- freedom to speak includes the right to be silent
- includes the right to an audience
- the right to listen also includes the right to refuse

Modes of Expression
- usually exercised through language, oral and written
- symbolisms may also be used
- free expression also come in the forms of commercial speech and satire
Elements
- ARTICLE III, Section 4:
“ No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the
Government for redress of grievances”
- ARTICLE III, SECTION 18 (1):
“No person shall be detained solely by reason of his political beliefs and
aspirations.”
- Elements of freedom of expression:
1. freedom from previous restraint or censorship
2. freedom from subsequent punishment
- restraint upon these freedoms may be either content-based or content
neutral
A. Content-based or censorship
- restriction is based on the subject matter or the utterance of speech
- either be based on the viewpoint of the speaker or the subject of the
expression
- bears a heavy presumption of invalidity and measured against the clear and
present danger rule (this will pass as a constitutional muster only if justified
by a compelling reason and the restrictions imposed are neither overboard
nor vague”
- courts subject it to strict scrutiny
B. Content-neutral
- merely concerned with the incidents of the speech, or one that merely
controls the time, place or manner and under well defined standards
- only a substantial governmental interest is required for its validity
- not subject to the strictest form of judicial scrutiny but an intermediate
approach
- intermediate test:
1. governmental regulation is justified if it is within the constitutional
power of the government
2. furthers an important or substantial government interest
3. government interest is unrelated to the suppression of free expression
4. if the incident restriction on alleged freedom of speech and expression is
no greater than is essential to the furtherance of that interest

(1) Freedom from Censorship

- censorship conditions the exercise of freedom of expression upon the prior
approval of the government (only those ideas acceptable to it is allowed to be
disseminated; others are restricted or suppressed)
- censorship need not partake of total suppression; even restriction of
circulation is unconstitutional
- the government thus carries a heavy burden of showing justification for the
enforcement of such a restraint
- any mass media columnist, commentator, announcer or personality who is a
candidate for any effective public office shall take a leave of absence from his
work during campaign period( valid, to promote equal opportunity)
- government CANNOT PROHIBIT, ONLY REGULATE

(2) Freedom from Punishment

- includes freedom after speech
- but it is still subject to police power and may be properly regulated in the
interest of the public
- does not cover ideas offensive to public order or decency or the reputation of
persons, which are all entitled to protection by the Statwe
- To determine the liability of the individual for ideas expressed by him:
(a) clear and present danger rule
(b) dangerous tendency doctrine
(c) the balancing test
- the cyberspace is an incomparable, pervasive medium of communication. It is
inevitable that any government threat of punishment regarding certain uses
of the medium creates a chilling effect on the constitutionally-protected
freedom of expression of the great masses that use it
- language as unprotected speech (ex: libelous statements)or low-value
expressions which can be subjected to restraint or regulation
- unprotected speech, such as libelous statement when found false, malicious
or unrelated to a public officer’s performance may give rise to a criminal and
civil liability