*SECTION 3, ARTICLE 3

*PRIVACY AND COMMUNICATIONS

 Constitutional right
 overhearing of the private conversation through telephone extension does not apply to RA 4200
o there needs to be wire-tapping/cable
 Exclusionary doctrine
o obtained from the primary source
o by case law

*SECTION 4, ARTICLE 3
*FREEDOM OF EXPRESSION
 Abridgement – not an absolute ability to exercise the right
 Schools of Thoughts
o Degree of criticism is different with respect to judicial officers. (1) public figures (2) private
individuals involved in a public issue and (3) public figures may be subjected to the same level of
criticism
o Criticisms of judgement of courts are protected by the freedom of speech, but criticisms on matters
still pending with the court constitutes contempt [People vs. Alarcon]
o Doctrine of Privileged Communication
 Absolute
 it is as the words suggest a prima facie privilege which may be lost by proof of
malice
 Qualified
o Concept of Marketplace of Ideas
 Best alternative for censorship
 Best test of truths
 Public opinion should be encouraged
 It is a great source of democracy
o Free speech involves self-expression that enhances human dignity
 A means of assuring individual self-fulfillment
o Clear and present danger rule
o Protect individuals and minorities against the majority
 Importance of the protection of the minorities
 2 vulnerable groups in the system of government
o The majority
o The minority
o Free speech must be protected under the safety valve theory
 Non-violent manifestations of dissent reduce the likelihood of violence
 Free speech must be protected as a peaceful means of achieving one’s goal
 Distinction between political and commercial speech
o Free speech is not absolute
o Political speech is more protected than commercial speech
o Motion pictures are protected
 Unprotected speeches
 o The Lewd and Obscene
 Guidelines:
 whether 'the average person, applying contemporary standards' would find the
work, taken as a whole, appeals to the prurient interest;
 whether the work depicts or describes, in a patently offensive way, sexual
conduct specifically defined by the applicable state law; and
 whether the work, taken as a whole, lacks serious literary, artistic, political, or
scientific value
o The Profane
o The Libelous
o The Insulting or Fighting

COVERAGE NEXT MEETING:

START WITH SECTION 4 CONTENT BASED AND CONTENT MUTUAL
UP TO SECTION 12