1/4/2021
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the influential and powerful, and of oligarchs - political, economic or
otherwise.
In the hierarchy of civil liberties, the rights of free expression and of
assembly occupy a preferred position as they are essential to the
preservation and vitality of our civil and political institutions; and such
priority "gives these liberties the sanctity and the sanction not permitting
dubious intrusions."[21]
Free speech was accorded with even greater protection and wider coverage with the
enactment of the 1987 Constitution, which added the more expansive word
"expression" in the free speech clause.
Freedom of speech has gained constitutional value among liberal democratic societies.
[22] This is because free speech promotes liberal and democratic values. Particularly, it
protects "democratic political process from abusive censorship"[23] and promotes
"equal respect for the moral self-determination of all persons[.]"[24]
The significance of freedom of expression in our jurisdiction has been oft-repeated in
recent jurisprudence. Paraphrasing In re: Gonzales v. Commission on Elections,[25] this
Court in Chavez v. Gonzales[26] elucidated:
[T]he vital need of a constitutional democracy for freedom of expression is
undeniable, whether as a means assuring individual self-fulfillment; of
attaining the truth; of assuring participation by the people in social,
including political, decision-making; and of maintaining the balance between
stability and change. As early as the 1920s, the trend as reflected in
Philippine and American decisions was to recognize the broadest scope and
assure the widest latitude for this constitutional guarantee. The trend
represents a profound commitment to the principle that debate on public
issue should be uninhibited, robust, and wide-open.[27] (Citations omitted)
Further, in The Diocese of Bacolod v. Commission of Elections:[28]
In a democracy, the citizen's right to freely participate in the exchange of
ideas in furtherance of political decision-making is recognized. It deserves
the highest protection the courts may provide, as public participation in
nation-building is a fundamental principle in our Constitution. As such, their
right to engage in free expression of ideas must be given immediate
protection by this court.[29]
Freedom of expression, as with other cognate constitutional rights, is essential to
citizens' participation in a meaningful democracy. Through it, they can participate in
public affairs and convey their beliefs and opinion to the public and to the government.
[30] Ideas are developed and arguments are refined through public discourse. Freedom
of expression grants the people "the dignity of individual thought."[31] When they
speak their innermost thoughts, they take their place in society as productive citizens.
[32]
Through the lens of self-government, free speech guarantees an "ample
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