Author: marichulambino

Previous discussion: Summary of the historical background and paradigm of the right to free speech (c)2024, copyright 2000-2024 marichulambino . It is not allowed to copy any part of this without permission from the author

 Paglalagom sa talakayan ukol sa mga dalumat na batayan ng kalayaan sa pamamahayag:

(The summaries are already typed up in the course module and repeated here. In addition, there is an a n.b. by the handling faculty here, or notes/ commentaries)

A.Justice Holmes, Dissent in  Abrams vs. United States,  250 US 616 (1919):  For the discovery of scientific, social, and political truths.  “…(W)hen men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas–that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out.” See full text at:

https://www.law.cornell.edu/supremecourt/text/250/616

 For digest, see  first part of the post at: https://wp.me/p2mko-blw     (first part of that post)

(n.b. from the handling faculty for class members:  It is true that an atmosphere of freedom is necessary in order to encourage research, publication, and exchange of ideas to find out which theory best explains reality and which program best advances progress in society. Note, too, that the doctrine in this case was laid down more than a hundred years ago when the medium of written mass communication was the pen and paper or the typewriter and mimeographing machine, distributed by hand or, in this case, literally scattered by the wind by throwing the leaflets from a building. Nowadays, studies show that the traditional media can be controlled by certain interests in society, e.g., by the owners if they have other business or political interests, by advertisers and commercial interests, by government regulatory agencies used by incumbent officials thru over-regulation and misuse of regulations to whip the media or silence the media.  On the other hand, while the internet started out as a citizens’ media, unfettered, nowadays, it can be dominated by troll armies and influencers  financed by government officials or by politicians, by campaigners used by commercial networks and spammers, by shady operators owned by phishing syndicates and other criminal organizations. So… class members are encouraged to be analytical and critical in answering questions about media issues)

B. Justice Malcolm, ponencia, United States vs. Bustos, 37 Phil. 731 (1918) at: https://lawphil.net/judjuris/juri1918/mar1918/gr_l-12592_1918.html

    For digest, see the second part of the post at : https://wp.me/p2mko-blw

  (2nd part of the post) According to Justice Malcolm, the Constitution guarantees the right to freedom of the press for the following purpose: In order that people, either as individuals, or as organized in various formations, or as movements acting in their sovereign capacity, can take part in the governance of the nation by exposing corruption, introducing reforms in government, instituting social change. On the watchdog function of the press,  Justice Malcolm said: “Complete liberty to comment on the conduct of public men is a scalpel in the case of free speech. The sharp incision of its probe relieves the abscesses of officialdom. Men in public life may suffer under a hostile and unjust accusation, the wound can be assuaged with a balm of a clear conscience.” (Ibid.)

(for class members: Please focus on the reasoning or ratio decidendi of Justice Malcolm. For details on the elements of libel, and if you want to do advance reading, please read the section on libel of the course module (cases and discussion therein), or for a visual discussion of libel (advance discussion) you may view the following videos at : https://wp.me/p2mko-ckb  . For details on cyberlibel, see also video interview discussion at : https://wp.me/p2mko-ckb   )

C. The international law paradigm of right to free speech can be found in the UN International Covenant on Civil and Political Rights (ICCPR) and other conventions and covenants: The ICCPR and other conventions and covenants arose from the international social and political turmoil of the 1940s and 1950s and from upheavals led by national liberation movements in developing countries. These covenants emphasize the universal nature of civil and political rights and assert the right to self-determination and independence of nations.   (see , Nico Schrijver, Fifty Years International Human Rights Covenants, 41 NTM/NJCM Bulletin Journal 457-464 (2016).  Retrieved from: https://www.geneva-academy.ch/joomlatools-files/docman-files/Nico%20Schijver%20-%20Fifty%20Years%20International%20Human%20Rights%20Covenants.pdf  )

D. For realizing the full potential of the human being: Freedom of expression creates the space where  brilliance and genius unbound can flourish