Chavez v.

Gonzales February 15, 2008

Nature of Freedom of Expression; given a preferred right that stands on a higher level than substantive
economic freedom or other liberties.

The ideas that may be expressed under this freedom are confined not only to those that are
conventional or acceptable to the majority. To be truly meaningful, freedom of speech and of the press
should allow and even encourage the articulation of the unorthodox view, though it be hostile to or
derided by others; or though such view induces a condition of unrest, creates dissatisfaction with
conditions as they are, or even stirs people to anger

Definition: liberty to discuss publicly and truthfully any matter of public interest without censorship and
punishment. (Gonzales v. Commission on Elections )

Need for Freedom of expression in a Democracy

a content-neutral regulation, i.e., merely concerned with the incidents of the speech, or one that merely
controls the time, place or manner, and under well defined standards

-Intermediate test - A governmental regulation is sufficiently justified if it is within the

constitutional power of the Government, if it furthers an important or substantial governmental
interest; if the governmental interest is unrelated to the suppression of free expression; and if the
incident restriction on alleged [freedom of speech & expression] is no greater than is essential to the
furtherance of that interest.

a content-based restraint or censorship, i.e., the restriction is based on the subject matter of the
utterance or speech.

- strictest scrutiny in light of its inherent and invasive impact. Only when the challenged act
has overcome the clear and present danger rule will it pass constitutional muster,

Print v. Broadcast Media

(a) the scarcity of the frequencies by which the medium operates [i.e., airwaves are physically limited
while print medium may be limitless];(b) its pervasiveness as a medium; and (c) its unique accessibility
to children.