Freedom of Speech and Press – Video Notes (Flashcards)

Question-and-answer flashcards covering key concepts from the lecture notes on freedom of speech and press, including prior restraint, censorship, exceptions, publication exemptions, defamation immunity, and freedom of information.

What is 'prior restraint' as defined in the notes?

Official government restrictions on the press or other forms of expression in advance of actual publication or dissemination.

What remedy is available for challenge to prior restraint?

Injunction.

Why is movie censorship justified, according to the notes? Name the two grounds.

Because movies have tremendous capacity for evil, and a debate of the issues presented is well nigh impossible.

What are the two grounds that justify movie censorship?

1) Tremendous capacity for evil. 2) Confrontation with a view to a debate of the issues presented is well nigh impossible.

What are the exceptions to prior restraints?

Decency (obscene publications) and security of community life (protection against incitement to violence and overthrow by force of orderly government).

Which case is cited for the exceptions to prior restraint?

Gonzales v. COMELEC (27 SCRA 835).

What does 'freedom from subsequent punishment' mean?

Protection against government penalties or sanctions imposed after the expression of an idea or opinion.

What is the relationship between subsequent punishment and the state’s power?

Subsequent punishment is subject to the police power of the state.

Which words do not enjoy immunity from punishment?

Obscene, defamatory, and seditious words.

What does the principle 'No liability for Harmless Publications' say about opinions on public issues?

Opinions on public issues cannot be punished simply because they are controversial or clash with current doctrines.

What types of publications are privileged and exempt from punishment under 'Privileged matters'?

Fair and true reports of official proceedings; official acts in the regular course of public business; matters of public concern; fair comment on matters of public interest.

What are examples of 'Matters of legitimate public concern and interest' under publication exemptions?

Reports of current news and reports on public personages.

What does the rule say about discussing novel or alien doctrines?

Discussion or advocacy of novel or alien doctrines or ideas is allowed so long as it does not constitute a clear and present danger to national security or public order.

What is required for the 'Narration of facts or fiction in literary form' to be exempt from punishment?

The narration must not be patently offensive or so appealing to the prurient interest as to be obscene.

What are the two categories of 'Immunity for good faith' defamation statements?

True but defamatory statements are absolutely privileged; False but defamatory statements are privileged unless actual malice is proven by the public official defamed.

What is the purpose of Freedom of Information?

To allow access to information essential to the education of the public and to enable broadcasting the best truth on problems of public concern for the enlightenment of rulers and the ruled.

What does 'Freedom of Access to Information' cover regarding official records?

Official records, reports, and documents unless held confidential by a competent authority; subject to reasonable regulation; confidential information may be printed without naming the source.

What common-law right do mass media have regarding public records?

The right to inspect public records.

Which case is cited in relation to Article 201 of the RPC concerning obscene materials?

Amadeus Fernando Pagente (Pura Luka Vega).