Law on Mass Media and Communication: Philosophic Basis, Right to a Free Press, Right to Free Speech (3rd Exercise)
Pls illustrate, using a news event, 1)the fundamental principle behind the constitutional guarantee of the right to a free press and the right to free speech as expounded upon by Justice Holmes in his dissent in Abrams vs. US;
2)the function of a free press as enunciated by Justice Malcolm when he said “Complete liberty to discuss the conduct of public officials is like a scalpel in the case of free speech. Its sharp incision relieved the abscesses of officialdom…, etc”
For the bonus post: please write your opinion (there are no right or wrong answers for this one: your opinion will be evaluated based on your legal reasoning, or arguments based on legal principles i.e., your opinion should not just be rants) on the following questions (answer all) :
1.A group of UP students and faculty members issued a statement today calling for the banning of the Marcoses (Imee Marcos, Bongbong Marcos, Imelda Marcos) and groups associated with them, from using any UP facility. Does this violate any constitutional right of the Marcoses? Does it violate their right to free speech and freedom of assembly? Why or why not? Explain (Or: Specifically, as outsiders, if they are not allowed to use any UP facility, would such a “ban” be an unconstitutional restraint on their right to free speech? )
2.Would the ban be a form of discrimination that constitutes a violation of the Constitution, specifically the right to “equal protection of the law” clause? (Or: Specifically: Would the “ban” be a form of discrimination against a class of persons based on their political beliefs, as to be unconstitutional? ) Why or why not? Explain.
3. Or : Would the “ban” be simply an action similar to declaring a certain individual, or certain individuals, persona non grata, resulting in barring said person ,or persons, from entering a specific locality — legally and lawfully practised by local governments? Explain (explain by using a modicum of research).