1/4/2021
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campaign or propaganda for or against a party or candidate;
(b) Holding political conventions, caucuses, conferences, meetings, rallies,
parades, or other similar assemblies, for the purpose of soliciting votes
and/or undertaking any campaign or propaganda for or against a any
candidate or party;
(c) Making speeches, announcements or commentaries or holding interviews
for or against the election of any party or candidate for public office;
(d) Publishing or distributing campaign literature or materials;
(e) Directly or indirectly soliciting votes and/or undertaking any campaign or
propaganda for or against any candidate or party;
(f) Giving, soliciting, or receiving contributions for election campaign
purposes, either directly or indirectly. Provided, That simple expressions or
opinion and thoughts concerning the election shall not be considered as part
of an election campaign: Provided, further, That nothing herein stated shall
be understood to prevent any person from expressing his views on current
political problems or issues, or from mentioning the names of the candidates
for public office whom he supports.
In In Re: Gonzales, this Court determined that Section 50-B of Republic Act No. 4880 is
a content-based regulation because it is a limitation that cuts deep into the substance
of the speech and expression. Proceeding to apply the clear and present danger test,
the majority reasoned that the limits on freedom of speech is justified by the serious
substantive evil that affects the electoral process. It held that the evils that the law
sought to prevent are "not merely in danger of happening, but actually in existence,
and likely to continue unless curbed or remedied."[115] It ruled:
For under circumstances that manifest abuses of the gravest character,
remedies much more drastic than what ordinarily would suffice would indeed
be called for. The justification alleged by the proponents of the measures
weighs heavily with the members of the Court, though in varying degrees, in
the appraisal of the aforesaid restrictions to which such precious freedoms
are subjected. They are not unaware of the clear and present danger that
calls for measures that may bear heavily on the exercise of the cherished
rights of expression, of assembly, and of association.
This is not to say that once such a situation is found to exist, there is no
limit to the allowable limitations on such constitutional rights. The clear and
present danger doctrine rightly viewed requires that not only should there
be an occasion for the imposition of such restrictions but also that they be
limited in scope.[116]
This case, however, bears a different factual milieu. It would be a judicial error to
carelessly apply the ruling in In Re: Gonzales here.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65669
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