1/4/2021
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test be the standard for the decision reached. If he is of the view that there
is such an imminent and grave danger of a substantive evil, the applicants
must be heard on the matter. Thereafter, his decision, whether favorable or
adverse, must be transmitted to them at the earliest opportunity. Thus if so
minded, they can have recourse to the proper judicial authority. Free speech
and peaceable assembly, along with the other intellectual freedoms, are
highly ranked in our scheme of constitutional values. It cannot be too
strongly stressed that on the judiciary, - even more so than on the other
departments - rests the grave and delicate responsibility of assuring respect
for and deference to such preferred rights. No verbal formula, no sanctifying
phrase can, of course, dispense with what has been so felicitiously (sic)
termed by Justice Holmes "as the sovereign prerogative of judgment."
Nonetheless, the presumption must be to incline the weight of the scales of
justice on the side of such rights, enjoying as they db precedence and
primacy.[69]
This standard was applied in the recent case of Chavez:
[T]he clear and present danger rule . . . rests on the premise that speech
may be restrained because there is substantial danger that the speech will
likely lead to an evil the has a right to prevent. This rule requires that the
evil consequences sought to be prevented must be substantive, "extremely
serious and the degree of imminence extremely high."[70] (Citations
omitted)
In ABS-CBN Broadcasting Corporation v. Commission on Elections,[71] this Court
explained that to justify a restriction on expression, a substantial interest must be
clearly shown:
A government regulation is sufficiently justified if it is within the
constitutional power of the government, if it furthers an
important or substantial interest; if the governmental interest is
unrelated to the suppression of free expression; and if the
incidental restriction on alleged First Amendment freedoms is no
greater than is essential to the furtherance of that interest.
Hence, even though the government's purposes are legitimate and
substantial, they cannot be pursued by means that broadly stifle
fundamental personal liberties, when the end can be more narrowly
achieved.[72] (Citations omitted)
In cases involving expression that strengthens suffrage, all the more should freedom of
expression be protected and upheld.[73] It is the government's interest that the
sanctity and integrity of the electoral process are preserved and the right to vote is
protected by providing safe and accessible areas for voting and campaigning. However,
to uphold a restriction, the governmental interest must outweigh the people's freedom
of expression.[74]
In this case, the regulations are forms of prior restraint on political speech because
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