LIMITATIONS OF THE FREEDOM OF EXPRESSIO Essay - 4010 Words

TOP ESSAY WRITING SERVICES REVIEWS


Rank
Service
General
Prices

1
  • Since 2008
  • Free revisions
  • Money-back guaranty
  • Up to 5% for the first order. Up to 15% for the orders starting from 2nd

from $9.97/pp

visit site

2
  • Since 2009
  • Free title page, revisions
  • Discount policy
  • Satisfaction guarantee
  • More than 100 000 orders delivered

from $9.97/pp

visit site

3
  • Since 2010
  • PhD holding authors only
  • SMS notifications & VIP support
  • Discount policy

from $22/pp

visit site

4
  • Since 2010
  • 24/7 support team
  • More than 500 writers
  • Money-back guaranty
  • Up to 15% discounts

from $9.97/pp

visit site

 

StudyMode - Premium and Free Essays, Term Papers & Book Notes

Products

About

@2017 studym.wressy.com

Exclusive

  1. Home >
  2. Essays >
  3. LIMITATIONS OF THE FREEDOM...

LIMITATIONS OF THE FREEDOM OF EXPRESSIO

Only available on StudyMode Open Document Save to my library

Please sign up to read full document.

Text Preview ON THE LIMITATIONS OF THE FREEDOM OF EXPRESSION1

Michael Gines Munsayac2

Introduction

The Constitution, Article 3, Section 4 provides: “No law shall be passed abridging the freedom of speech, of expression, or of the press, or of the right of people peaceably to assemble and petition the government for redress of grievance.

The Constitution forbids not the abridging of speech, but the abridging of freedom of speech.3 There are several reasons why freedom of expression is guaranteed by the Constitution. For some, freedom of expression is essential for the search of truth. This is the marketplace idea, which posits that the power of thought can be tested by its acceptability in the competition of the market. Another reason offered is that free expression is needed for democracy to work properly. The citizen has to be given the information required for him to be able to perform his civic duty. Still another reason is a very personal one: freedom of expression promotes individual self-realization and self-determination.4

The importance of freedom of expression is easily appreciated. Notably, this is the first right that is always curtailed when a free society falls under a repressive regime. Our Constitution provides that “sovereignty resides in the people”5 who manifest it regularly through their suffrages, and more frequently and generally, by the assertion of their freedom of expression. This sovereignty would be negated if they were denied the opportunity to participate in the shaping if public affairs though the arbitrary imposition upon them of the ban on silence.6

Freedom of expression contains two guarantees: prohibiting prior restraint and a prohibition of subsequent punishment.

Prior restraint means official government restrictions on the press or other forms of expression in advance of actual publication or dissemination. Its most blatant form is a system of licensing or censorship administered by an executive officer. But it also includes other prior restrictions such as a judicial injunction against publication, license taxes for the privilege of engaging in the business of advertising, or flat license fees for the privilege of selling religious books.

The mere prohibition of government interference before words are spoken or published would be an inadequate protection of the freedom of expression if the government could punish without restraint after publication. The unrestrained threat of subsequent punishment itself would operate as a very effective prior restraint. Hence, the guarantee of freedom of expression also means a limitation on the power of the state to impose subsequent punishment. Thus it is that much of the jurisprudence on freedom of expression consists of attempts to find standards for allowable subsequent punishment.

Prior Restraint and the Press

A leading case on prior restraint is New York Times v. United States.7 The case arose when the New York Times started publication of excerpts from a classified Pentagon study entitled “History of U.S. Decision Making Process on Vietnam Policy.” The Nixon administration claimed that continued publication of the study would pose a serious threat to national security. In rejecting the government claim the court made an important pronouncement. “Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.8 The Government “thus carries a heavy burden of showing justification for the enforcement of such a restraint.”9 The Court held that “the Government had not met that burden.”

An early U.S. decision however was willing to admit an exception to the prohibition of prior restraint. In Near v. Minnesota,10 U.S. Supreme Court acknowledged in an obiter dictum that the prior restraint principle was not an unbending rule. It admitted of exception.

“When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort... Show More

Please sign up to read full document.

YOU MAY ALSO FIND THESE DOCUMENTS HELPFUL

POPULAR ESSAYS

How Malaysians can travel to Europe for 10 days with only RM5,800 Interview With Teacher JetBlue Airways Essay Human resource management Essay Chemistry Essay Consumer theory Essay Project planning Essay Printing Essay

Share this Document

Cancel Send

Join millions of other students and start your research

Become a StudyMode Member

SIGN UP - IT's FREE

Have a great research document you think will help inspire other StudyMode members?

Share your document

Upload Now

Get full access to more research and tools for only 33¢/day

Upgrade your Membership

GET PREMIUM @2017 studym.wressy.com Legal Site Map Advertise studym.wressy.com, Online Education, Hollywood, CA

More great study tools:


{"hostname":"studym.wressy.com","essaysImgCdnUrl":"\/\/images-study.netdna-ssl.com\/pi\/","useDefaultThumbs":true,"defaultThumbImgs":["\/\/stm-study.netdna-ssl.com\/stm\/images\/placeholders\/default_paper_1.png","\/\/stm-study.netdna-ssl.com\/stm\/images\/placeholders\/default_paper_2.png","\/\/stm-study.netdna-ssl.com\/stm\/images\/placeholders\/default_paper_3.png","\/\/stm-study.netdna-ssl.com\/stm\/images\/placeholders\/default_paper_4.png","\/\/stm-study.netdna-ssl.com\/stm\/images\/placeholders\/default_paper_5.png"],"thumb_default_size":"160x220","thumb_ac_size":"80x110","isPayOrJoin":false,"essayUpload":false,"site_id":1,"autoComplete":false,"isPremiumCountry":false,"userCountryCode":"NL","logPixelPath":"\/\/smhpix.com\/pixel.gif","tracking_url":"\/\/smhpix.com\/pixel.gif","cookies":{"unlimitedBanner":"off"},"essay":{"essayId":64124770,"categoryName":"Fiction","categoryParentId":"17","currentPage":1,"format":"html","pageMeta":{"text":{"startPage":1,"endPage":14,"pageRange":"1-14","totalPages":14},"html":{"startPage":1,"endPage":11,"pageRange":"1-11","totalPages":11}},"access":"premium","title":"LIMITATIONS OF THE FREEDOM OF EXPRESSIO","additionalIds":[3,16,9,52],"additional":["Business \u0026 Economy","Law","Entertainment","Business \u0026 Economy\/Organizations"],"loadedPages":{"html":[1,2,3,4,5,6,7,8,9,10,11],"text":[1,2,3,4,5,6,7,8,9,10,11,12,13,14]}},"user":null,"canonicalUrl":"http:\/\/studym.wressy.com\/essays\/Limitations-Of-The-Freedom-Of-Expressio-64124770.html","pagesPerLoad":50,"userType":"member_guest","ct":10,"ndocs":"1,500,000","pdocs":"6,000","cc":"10_PERCENT_1MO_AND_6MO","signUpUrl":"https:\/\/studym.wressy.com\/signup\/","joinUrl":"https:\/\/studym.wressy.com\/join","payPlanUrl":"\/checkout\/pay","upgradeUrl":"\/checkout\/upgrade","freeTrialUrl":"https:\/\/studym.wressy.com\/signup\/?redirectUrl=https%3A%2F%2Fstudym.wressy.com%2Fcheckout%2Fpay%2Ffree-trial\u0026bypassPaymentPage=1","showModal":"get-access","showModalUrl":"https:\/\/studym.wressy.com\/signup\/?redirectUrl=https%3A%2F%2Fstudym.wressy.com%2Fjoin","joinFreeUrl":"\/essays\/?newuser=1","siteId":1,"facebook":{"clientId":"306058689489023","version":"v2.9","language":"en_US"}} tracking img