A view has been advanced that unprotected speech refers only to pornography, false or misleading advertisement, advocacy of imminent lawless action, and expression endangering national security. But this list is not, as some members of the Court would submit, exclusive or carved in stone. Without going into specifics, it may be stated without fear of contradiction that US decisional law goes beyond the aforesaid general exceptions. As the Court has been impelled to recognize exceptions to the rule against censorship in the past, this particular case constitutes yet another exception, another instance of unprotected speech, created by the necessity of protecting the welfare of our children. As unprotected speech, petitioner’s utterances can be subjected to restraint or regulation. (Soriano v. Laguardia, G.R. No. 164785, April 29, 2009)
Saturday, July 11, 2009
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