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What is the CAPTIVE-AUDIENCE DOCTRINE?

Answer: When a listener cannot, as a practical matter, escape from


intrusive speech, the speech can be restricted. It recognizes that a listener
has a right not to be exposed to an unwanted message in circumstances in
which the communication cannot be avoided. A regulation based on the
captive-audience doctrine is in the guise of censorship, which undertakes
selectively to shield the public from some kinds of speech on the ground
that they are more offensive than others. Such selective restrictions have
been upheld only when the speaker intrudes on the privacy of the home or
the degree of captivity makes it either impossible or impractical for the
unwilling viewer or auditor to avoid exposure. Thus, a government
regulation based on the captive-audience doctrine may not be justified if
the supposed “captive audience” may avoid exposure to the otherwise
intrusive speech (1-United Transport Koalisyon v. COMELEC, G.R. No.
206020, April 14, 2015).

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