Traverse

West, Benjamin. American painter (b. 1738, Springfield, d. 1820, London). The Treaty of Penn with the Indians. 1771-72. Oil on canvas, 190 x 274 cm. Pennsylvania Academy of Fine Arts, Philadelphia. Downloaded with express permission from the Web Gallery of Art at www.wga.hu  . Many thanks again!

                6.Under the topic “right to a fair trial versus free speech”, four different kinds of prejudicial publicity were taken up in class. State only two  and describe each. (5).  

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           8.What kinds of images/ scenes/ action/ film/ photos do you consider obscene or pornographic as to be violative of Art. 201 of the Revised Penal Code? (5 pts)  State your legal basis by using the cases taken up in class. (5 pts). Total:10 pts.   

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       Afternoon class, second 3 of 8 test questions:

                 4.The alleged phone conversations between Jun Lozada and Joey de Venecia III in 2006 were uploaded in YouTube. Jed, a radio of DWAA, a leading radio news program, played the alleged tapes in full in his program. Was this lawful or not? Why or why not? If your answer is yes, state the elements; if your answer is no, state the scope of the right. (5 pts.) (BONUS): Can he be arrested on the spot? Why or why not? Can the Department of Justice  issue a warning to the station that it would be  charged in court for said broadcast? Why or why not? Specify your legal basis. (5 pts.) Total: 10 pts.

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                    6.AFP Chief of Staff General Esperon, as reported by the media, said that Pres. Gloria Macapagal-Arroyo would  visit the Spratlys in order to strengthen our claim to the disputed  territory. The President the next day issued a statement denying or taking back Esperon’s “advisory”. A member of Maglayag, a fisherfolks’ organization, in an emotional outburst, exclaimed in their radio progam: : “The President is afraid!  We are not afraid of China! Fight for our land! Our fishermen who just happened to drift in those  areas have been shot by guards stationed by China in those islands, and the President is not doing anything about it! Fight the invaders! Out with China!” Does the following constitute “inciting to war”? Why or why not? (5 pts)       

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             7.A day before the interfaith rally in Makati, Eli, a student residing in Fort Bonifacio, distributed leaflets among the active members of the Armed Forces of the Philippines living in the area stating the following: “To all the patriotic soldiers of the Armed Forces of the Philippines: We call on you to join the growing movement to pressure the fake sitting President to step down. You are fighting and dying for a bogus and corrupt Commander-in-Chief! Gloria resign!” Can Eli be held liable for any violation of the law? Why or why not? If your answer is yes, specify the elements; if your answer is no, elaborate on the scope of the right. (5 pts.) Enumerate the laws on public order taken up in class. (5 pts.) Total: 10 pts. 

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