The US Supreme Court held in Brandenburg v. Ohio (1969) that inflammatory speech is protected unless it is directed at and likely to incite imminent lawless action. This "imminent lawless action test" establishes that speech advocating illegal action is only punishable if: a) the speaker intends to incite action; b) the action is imminent; and c) the action is likely to occur. The Philippine Supreme Court adopted this test in MVRS Publications, Inc. v. Islamic Da'wah Council (2003).
The US Supreme Court held in Brandenburg v. Ohio (1969) that inflammatory speech is protected unless it is directed at and likely to incite imminent lawless action. This "imminent lawless action test" establishes that speech advocating illegal action is only punishable if: a) the speaker intends to incite action; b) the action is imminent; and c) the action is likely to occur. The Philippine Supreme Court adopted this test in MVRS Publications, Inc. v. Islamic Da'wah Council (2003).
The US Supreme Court held in Brandenburg v. Ohio (1969) that inflammatory speech is protected unless it is directed at and likely to incite imminent lawless action. This "imminent lawless action test" establishes that speech advocating illegal action is only punishable if: a) the speaker intends to incite action; b) the action is imminent; and c) the action is likely to occur. The Philippine Supreme Court adopted this test in MVRS Publications, Inc. v. Islamic Da'wah Council (2003).
US SC held that the government cannot punish inflammatory speech
unless that speech is “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” (Brandenburg vs. Ohio, 395 US 444, 1969).
“Advocacy of illegal action becomes punishable only if such
advocacy is directed to inciting or producing lawless action and is likely to incite or promote action. Except in unusual instances, Brandenburg protects the advocacy of lawlessness as long as such speech is not translated into action.” (MVRS Publications, Inc. vs. Islamic Da’wah Council of the Philippines, GR 135306, 28 Jan 2003). Three elements of Imminent Lawless Action Test:
a. Intent to speak b. Imminence of lawlessness c. Likelihood of lawlessness
CRITICISM OF OFFICIAL CONDUCT
*****U.S. v. Bustos, 37 Phil. 731
Rosenbloom v. Metromedia, 403 U.S. 29 Lagunzad v. Sotto Vda. De Gonzales, 92 SCRA 476 Ayer Production Pty Ltd. V. Judge Capulong, 160 SCRA 861 COMMENTS ON PENDING LITIGATION
People v Alarcon, 69 Phil 625
*****People v. Godoy, 243 SCRA 64 (1995). In re Sotto, 46 O.G. 2570 In re Laureta, G.R. No. 68635, March 12, 1987 ****In re Tulfo, A.M. No. 90-4-1545-0, April 17, 1990. In re Jurado, 243 SCRA 299 *****Zaldivar v. Sandiganbayan, 166 SCRA 316 In Re: Published Alleged Threats against Members of the Court in the plunder case Hurled by Atty. Leonard De Vera, 434 Phil. 503
ART AND OBSCENITY
U.S. v. Kottinger, 45 Phil. 352
***People v. Go Pin, 97 Phil. 418 People v. Padan, 101 Phil. 749 Freedman v. Maryland, 380 U.S. 51 Miller v. California, 37 L. ed. 2nd 419 Pita v. Court of Appeals, 178 SCRA 362
ASSEMBLY AND PETITION
Reyes v. Bagatsing, 125 SCRA 553.
****Dela Cruz v. Ela, 99 Phil. 346 Tanada v. Bagatsing, G.R.No. 68273, August 18, 1984
Public Assembly Act (B. P. 880)
****Bayan Muna v. Executive Secretary Ermita, 488 SCRA 226.
TESTS (Purpose Test v. Auspices Test)
****De Jonge v. Oregon, 229 U.S. 353
Evangelista v. Earnshaw, 57 Phil. 255
U.S. v. Apurado, 7 Phil. 422
****Malabanan v. Ramento, 129 SCRA 359 Villar v. TIP, 135 SCRA 706 Aquino v. Bagatsing, G.R. no. 68318, August 18, 1984 PBM Employees Association v. PBM, 51 SCRAS 189 Toyota Motor Phils Corp. Workers Association v. NLRC, 537 SCRA 171
Article III, Section 8
ASSOCIATION
****SSS Employees Association v. Court of Appeals, 175 SCRA 686
People v. Ferrer, 48 SCRA 382 Victoriano v. Elizalde Rope Workers Union, 59 SCRA 54 Liberty Flour Mills Employees Association v. Liberty Flour Mills, Inc., 180 SCRA 668 ****Occena v. COMELEC, 127 SCRA 404 In re Edillon, 84 SCRA 554 ARTICLE III, Section 7
ACCESS TO INFORMATION (Article III, Section 7)
****The Province of North Cotobato v. The Government of the
Philippines Peace Panel on Ancestral Domain, G.R. No. 183591, October 14, 2008. Initiatives for Dialogue and Empowerment hrough Alternative Legal Services, Inc. v. PSALM corp., G.R. No. 192088, October 9, 2012. Bantay Republic v. COMELEC, G.R. No. 177271, May 4, 2007. ****Legaspi v. CSC, 234 Phil. 521. Subido v. Ozaeta, 80 Phil. 383. Baldoza v. Dimaano, 71 SCRA 14. Chavez v. PCGG, 299 SCRA 744. AKBAYAN v. Aquino, G.R. No. 170516, July 16, 2008. In Re: Request of PCIJ for 2008 v SALNS of Court of Appeals Justices, A.M. No. 09-8-07-CA, June 13, 2012.