WHAT IS DEFAMATION AS DEFINED IN MVRS PUBLICATIONS V. ISLAMIC DA’WAH COUNCIL?

CAN
DECLARATIONS ABOUT A LARGE CLASS OF PEOPLE BE THE SUBJECT OF A CLASS SUIT FOR
DEFAMATION?

It explained that defamation is an

invasion of the interest in
reputation and good name. So the law
of defamation protects
the interest in reputation
It explained that defamation is an
invasion of the interest in
reputation and good name. So the law
of defamation protects
the interest in reputation
It explained that defamation is an
invasion of the interest in
reputation and good name. So the law
of defamation protects
the interest in reputation
It explained that defamation is an
invasion of the interest in
reputation and good name. So the law
of defamation protects
the interest in reputation
It explained that defamation is an
invasion of the interest in
reputation and good name. So the law
of defamation protects
the interest in reputation
It explained that defamation is an
invasion of the interest in
reputation and good name. So the law
of defamation protects
the interest in reputation
It explained that defamation is an
invasion of the interest in
reputation and good name. So the law
of defamation protects
the interest in reputation
It explained that defamation is an
invasion of the interest in
reputation and good name. So the law
of defamation protects
the interest in reputation
It explained that defamation is an
invasion of the interest in
reputation and good name. So the law
of defamation protects
the interest in reputation
It explained that defamation is an
invasion of the interest in
reputation and good name. So the law
of defamation protects
the interest in reputation
It explained that defamation is an
invasion of the interest in
reputation and good name. So the law
of defamation protects
the interest in reputation
It explained that defamation is an
invasion of the interest in
reputation and good name. So the law
of defamation protects
the interest in reputation
Consequently as a prerequisite to
recovery, it is necessary for
the plaintiff to prove as part of his
prima facie case that the
defendant (1) published a statem
Consequently as a prerequisite to
recovery, it is necessary for
the plaintiff to prove as part of his
prima facie case that the
defendant (1) published a statem
-Defamation as defined in the case includes libel and slander, means the offense of injuring
a person's character, fame or reputation through false and malicious statements. It is that
which tends to injure reputation or to diminish the esteem, respect, good will or confidence
in the plaintiff or to excite derogatory feelings or opinions about the plaintiff. It is the
publication of anything which is injurious to the good name or reputation of another or
tends to bring him into disrepute. Defamation is an invasion of a relational interest since it
involves the opinion which others in the community may have, or tend to have, of the
plaintiff.

A large class of people cannot be the subject of a class suit for defamation. If defamation is
alleged to have been directed at a group or class, it is essential that the statement must be
so sweeping or all-embracing as to apply to every individual in that group or class, or
sufficiently specific so that each individual in the class or group can prove that the
defamatory statement specifically pointed to him, so that he can bring the action
separately.

the defamation is alleged to have been directed at a group or class, it is essential that the
statement must be so sweeping or all-embracing as to apply to every individual in that
group or class, or sufficiently specific so that each individual in the class or group can prove
that the defamatory statement specifically pointed to him, so that he can bring the action
separately, if need be . . . The case at bar is not a class suit. It is not a case where one or
more may sue for the benefit of all, or where the representation of class interest affected by
the judgment or decree is indispensable to make each member of the class an actual party.

A large class of people cannot be the subject of a class suit for defamation

It has negative impact on someon’s reputation among a substantial number of people in the
community, even if the number impacted people is not a majority of the community.
THE CITY COUNCIL OF SAN FERNANDO ENACTED AN ORDINANCE REQUIRING PROTESTERS TO FIRST
SECURE A PERMIT BEFORE THEY CAN PEACEFULLY ASSEMBLE AT HEROES’ PARK NEAR HEROES’ HALL.
ASSUME THAT THE CITY OF SAN FERNANDO HAS NO FREEDOM PARK, IS THE ORDINANCE VALID?

-We all have the freedom to speech, express, and assemble, however as stated in the first
amendment, police and other government officials are allowed to place certain narrow
restrictions on the exercise of speech rights, that is why permit is still needed. Protesting in
freedom park does not require permit, If freedom park does not exist, modification of
permit is needed which includes the change of place or time of the public assembly.
However, permit doesn’t guarantee us in enjoying our assembly, because as stated in the
law, a permit can be denied if there is “convincing evidence of a clear and present danger”
to public order, public safety, public convenience, public morals or public health. So, yes we
do still need permits and that permit will be granted provided that it is a peaceful assemble
and there is no imminent and grave danger of a substantive evil which can be a reason for
permit to not be granted.

WHICH TEST DID THE COURT APPLY IN SORIANO V. LAGUARDIA? WHY?

- When deciding whether to impose a suspension on Ang Dating Daan, the court used the
balance of interests test. According to this test, it is the responsibility of the courts to decide
which of the two conflicting interests requires the greater protection under the specific
conditions present when a specific conduct is regulated in the interest of public order and
the regulation results in an indirect, conditional, partial abridgment of speech. In this case,
the Ang Dating Daan television bible teaching’s program is compromised as it is subject for
three months total suspension which cannot be regarded as indirect, conditional, or
partial.  It is a direct, unconditional, and total abridgment of the freedom of speech, to
which this religious organization is entitled, for a whole quarter of a year. The other side is
the court is also concerned with the welfare and protection of the children against these
languages. However in the end, the court ended up in classifying the program from (G)
General patronage to (PG) with Parental Guidance only for three months so that the
program can still be aired and there is a move that has been done to protect the children
who are watching, it is also seen in the case of Gonzales v. katigbak which the movie kapit
was classified as for adults only.

WHAT IS OBSCENE SPEECH? WHY IS IT UNPROTECTED?

Although there is no standard definition of obscenity, it is still mentioned that these are expressions that
appeal to the prurient interest and are concerned in prohibiting lewd, filthy, or disgusting words or
pictures. It is also profane or deemed harmful to local community interest. It is unprotected under the
first amendment because it is considered as low value. It is regulated for the protection to minors
against all forms of neglect, exploitation, and immorality which may pollute innocent minds. The
constitution indicated that regulation protects and promote the physical, moral, spiritual, intellectual,
and social well being of the youth for better prepare them fulfill their role in the field of nation building.
Also, the state extends support parents in protecting their children’s minds from exposure to
undesirable materials.

. The government can regulate it because others used it inappropriately or it is against certain
regulations, then it can be prosecuted and can be made illegal. Example is you can’t just distribute
pornography wherever you want or to whomever you want

 It can be defined as “an act, utterance, or item tending to corrupt the public morals by its indecency or lewdness.