FREEDOM OF SPEECH, EXPRESSION, PRESS and TO ASSEMBLY AND REDRESS (Sec.

4)

Section 4 rights civil liberties, both civil and political rights essential to mans enjoyment of his life, to his
happiness and to his full and complete fulfillment

Free speech and free press may be identified with the liberty to discuss publicly and truthfully any
matter of public interest without censorship or punishment
Protection extends to all government action, even to governmental acts that are not laws (Diocese
v COMELEC; Chavez v Gonzales)
o Chavez v Gonzales NTC issued a memorandum and statement made by DOJ during a
press briefing. Considered governmental acts where Sec. 4 is extended.
Right to speak freely, right to express oneself, right of the press and the right to assembly
o Extends to all forms of communication (conduct is symbolic speech)
Not all types of speech enjoy the same protection
o Protected and unprotected speech (defamatory/libelous, obscene and fighting words)
o Political and commercial speech (NY Times v Sullivan)
Political speech refers to speech both intended and received as a contribution to
public deliberation about some issue fostering informed and civic minded
deliberation
Commercial speech no more than propose a commercial transaction
Freedom of expression is not absolute, nor is it an unbridled license that gives immunity for every
possible uses
o Unprotected speech and expression outside of protection, no need to apply tests
Obscene look at law if the it provides the test to determine the obscene
materials if its consistent with what is provided for under jurisprudence (Miller v
California, Pita v CA)
Defamatory allegation considered defamatory if it ascribes to a person the
commission of a crime, possession of a vice or defect, real or imaginary, or any
act, omission, condition status, or circumstance which tend to dishonor or
discredit or put him in contempt or which tends to blacken the memory of one
who is dead
Publication (not need mass), identifiability (Newsweek case for group
libel), malice or ill will but is presumed even if true if no good intention
and justifiable motive is shown, except if qualified privilege
o Two general forms of restraint
Prior restraint refers to official government restrictions on the press or
other forms of expression in advance of actual publication (ie.
Censorship)
o All prior restraints are presumed is invalid, analysis begins with
determination of whether it comes in the form of content-
neutral regulation or content-based restraint.
Content-neutral is merely concerned with the incidents
of speech, one that controls the time place or manner
under well-defined standards. A regulation is justified if
(1) it is within the constitutional power of government,
 (2) it furthers an important or substantial government
interest, (3) the governmental interest is unrelated to the
suppression of free expression and (4) if the incident
restriction on the alleged freedom is no greater than is
essential to the furtherance of that interest.
Content-based Clear and present danger often applied,
imminence and probability (Schenck v US; Gitlow v New
York). Balancing of interest, two interests that are
constitutionally protected, applied to contempt
proceedings. Dangerous tendency, more deferential
than clear and present danger.
Subsequent Punishment such as libel, prosecution for sedition and
contempt. Penal laws.