FREEDOM OF EXPRESSION

Gonzalez (Petitioner) v. Kalaw Katigbak (Respondent)

FACTS:
The petitioner is the producer of the movie KAPIT SA PATALIM. The Board of
review for motion pictures and television allowed on condition that certain
deletions were made and that it was shown on adults only. The petitioner brought
an action claiming violation of their freedom of expression.
ISSUE: W/N the classification made by the board is impermissible restraint on
artistic expression:
RULING: YES,
The Court reiterated the importance of motion pictures a medium of
communication of ideas and expression on artistic impulse. It is considered as an
organ of public opinion that is why it must be afforded protection unless there is a
clear and present danger of a substantive evil. However, obscene material does
not enjoy same protection. The test that should be followed in determining what
is obscene, should be whether an average person applying the contemporary
community standards find the work taken as a whole appeals prunient to interest.
The portrayal of sex does not immediately equal to obscenity, it is not a sufficient
reason to deny the material constitutional protection.
Wherefore the court dismisses the petitions solely on the ground that there
are not enough votes for a ruling that there was a grave abuse of discretion in the
classification of Kapit sa Patalim as For adults only