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Defamatory Speech POLICARPIO vs. MANILA TIMES the statement in the 1st paragraph of the article, to the effect that plaintiff was charged w/ malversation & estafa by the Presl Complaint & Action Commission (PCAC) is not true, the complaints for said offenses having been filed by Reyes. Neither is it true that said criminal action was initiated as a result of current administrative investigation. PLAINTIFF maintains that the effect of these false statements was to give the general impression that said investigation by Col. Alba had shown that plaintiff was guilty and that, as a consequence, PCAC had filed the corresponding complaints w/ the fiscals office. She also said that the article did not mention that fact that the number of stencils involved in the charge was only 18 or 20; that the sum allegedly misappropriated by her was only P54, and that the falsification imputed to her was said to have been committed by claiming that certain expenses for which she had sought reimbursement were incurred in trips during the period from July 1 Sept 30 1955, although the trips actually were made from Jul 8-Aug 31, 1955. By omitting these details, plaintiff avers that the Aug 11 article had the effect of conveying the idea that the offenses imputed to her were more serious than they really were. DEFENDANTS contend that though the complaints were filed, not by the PCAC but by Reyes, this inaccuracy is insignificant & immaterial to the case for the fact is that said complaints were filed. As regards the number of sheets & the nature of the falsification charged, they argue that these details do not affect the truthfulness of the article as a whole. Besides, defendants had no means of knowing such details. SC: Prior to Aug 11, Col. Alba had already taken the testimony of witnesses, hence, defendants could have ascertained the details had they wanted to. The number of stencil sheets used was actually mentioned in the Aug 13 article. Moreover, the penalty for estafa/embezzlement depends partly upon the amount of the damage caused to the offended party. Hence, the amount or value of the property embezzled is material to said offense. It is obvious that the filing of criminal complaints by another agency of the Govt, like the PCAC, particularly after an investigation conducted by the same, imparts the ideal that the probability of guilt is greater than when the complaints are filed by a private individual, specially when the latter is a former subordinate of the alleged offender, who was responsible for the dismissal of the complainant from her employment. Newspapers must enjoy a certain degrees of discretion in determining the manner in which a given event should be presented to the public, and the importance to be attached thereto, as a news item, and that its presentation in a sensational manner is not per se illegal. Newspapers may publish news items relative to judicial, legislative or other official proceedings, which are not of confidential nature, because the public is entitled to know the truth with respect to such proceedings. But, to enjoy immunity, a publication containing derogatory information must be not only true, but, also, fair,
FACTS: Plaintiff Policarpio seeks to recover damages against the Manila Times Publishing Co. by reason of the publication in the Saturday Mirror of Aug 11, 1956, and in the Daily Mirror of Aug 13, 1956 of 2 articles or news items which are claimed to be per se defamatory, libelous and false. CFI dismissed the complaint on the ground that the plaintiff had not proven that defendants had acted maliciously in publishing the articles, although portions thereof were inaccurate or false. Background: Policarpio was executive secretary of UNESCO Natl Commission. As such, she had filed charges against Herminia Reyes, one of her subordinates in the Commission, & caused the latter to be separated from the service. Reyes, in turn, filed counter-charges which were referred for investigation. Pending completion, Reyes filed a complaint against Policarpio for alleged malversation of public funds & another complaint for estafa thru falsification of public documents. Meanwhile the following articles were published: Saturday Mirror (Aug 11, 1956): WOMAN OFFICIAL SUED PCAC RAPS L. POLICARPIO ON FRAUDS Unesco Official Head Accused on Supplies, Funds Use by Colleague Daily Mirror (Aug 13, 1956): PALACE OPENS INVESTIGATION OF RAPS AGAINST POLICARPIO Alba Probes Administrative Phase of Fraud Charges Against Unesco Woman Official; Fiscal Sets Prelim Quiz of Criminal Suit on Aug 22 The articles contain news on Reyes charges against Policarpio for having malversed public property and of having fraudulently sought reimbursement of supposed official expenses. It was said that Policarpio used several sheets of govt stencils for her private and personal use. The other charge refers to the supposed reimbursements she had made for a trip to Quezon and Pangasinan. Reyes complaint alleged that Policarpio had asked for refund of expenses for use of her car when she had actually made the trip aboard an army plane. Policarpio was said to be absent from the Bayambang conference for which she also sought a refund of expenses.
ISSUE: WON defendant is guilty of having published libelous/defamatory articles. YES RATIO: The title of the Aug 11 article was given prominence w/ a 6-column (about 11 inches) banner headline of 1inch types. Its sub-title PCAC raps Policarpio on fraud printed in bold 1 cm type is not true. Also,
HELD: Decision reversed. Defendants ordered to pay plaintiff moral damages, attys fees plus cost.
LOPEZ vs. CA (1970) Ponente: Fernando J FACTS: This Week Magazine of the Manila Chronicle published a series of articles in January, 1956 about the Hoax of the Year. It also erupted in the earlier part of that month. The story goes that Fidel Cruz was a sanitary inspector in the Babuyan Islands. He sent out a distress signal to a US air force plane who relayed it to Manila. Another US plane dropped emergency supplies together with a two-way radio. Cruz told of killings committed since Christmas, 1955 which terrorized the populace. The Philippine army was sent out only to find Cruz who only wanted transportation home to Manila. The army branded it as a hoax. The series of articles published the photo of Fidel Cruz. However, it was not the sanitary inspectors photo that was published but that of former Mayor Fidel G. Cruz of Sta. Maria, Bulacan, businessman and contractor. As soon as the error was noticed, a correction was immediately published. Fidel G. Cruz sued and the trial court awarded him damages which was affirmed by the Court of Appeals.
NEW YORK TIMES vs. SULLIVAN (1964) FACTS: A full-page advertisement came out in the New York Times on March 29, 1960 which talked about the nonviolent demonstrations being staged by Southern Negro students in positive affirmation of the right to live in human dignity as guaranteed in the Constitution and the Bill of Rights signed at the bottom by the Committee to Defend Martin Luther King and the Struggle for Freedom in the South L.B. Sullivan, the Commissioner of Public Affairs of Montgomery, Alabama, whose duties include supervision of the Police and Fire Department, brought a civil libel suit against those those who came out with the ad (4 Negro clergymen) and the NY Times Company. o Basis of the suit was statements in the text of the ad saying in the 3rd par. that after students sang My Country, Tis of Thee on the State Capitol steps their leaders were expelled from school, policemen armed with shotguns and tear gas ringed the State College Campus, their dining hall was padlocked to starve them when the student body protested and in the 6 th par. that again and again the Southern violators have answered Dr. Kings peaceful protest with violence and intimidation going on to cite instances in which They have done this (e.g. They have assaulted his person). Neither of these statements mentions the respondent by name but he argues that the word police in the 3rd par referred to him as Commissioner who supervised the Police Department and that the word They used in the 6th par would be equated with the ones did the other described acts and hence be read as accusing the Montgomery police and therefore him, of answering Dr. Kings protests with violence and intimidation. ISSUE: 1.
W/N the rule of liability (regarding libel per se) regarding an action brought by a public official against critics of his official conduct abridges the freedom of speech and of the press that is guaranteed by the 1 st and 14th Amendments. YES a. W/N the advertisement forfeits the protection guaranteed to free speech and the press by the falsity of some of its factual statements and by its alleged defamation of respondent. NO
The maintenance of the opportunity for free political discussion to the end that govt may be responsive to the will of the people and that changes may be obtained by lawful means, an opportunity essential to the security of the Republic, is a fundamental principle of our constitutional system.
Factual error of statement: Authoritative interpretations of the First Amendment guarantees have refused to recognize an exception for any test of truth especially one that puts the burden of proving truth on the speaker. Cases which impose liability for erroneous reports of the political conduct of officials reflect the obsolete doctrine that the governed must not criticize their governors. The interest of the public outweighs the interest of any other individual. The protection of the public requires not merely discussion, but information. Errors of fact are inevitable. Whatever is added to the field of libel is taken from the field of free debate. A rule compelling the critic of official conduct to guarantee the truth of all his factual assertions--and to do so on pain of libel judgments virtually unlimited in amount--leads to a comparable 'self-censorship.' Allowance of the defense of truth, with the burden of proving it on the defendant, does not mean that only false speech will be deterred. o Under such a rule, would-be critics of official conduct may be deterred from voicing their criticism, even though it is believed to be true and even though it is in fact true, because of doubt whether it can be proved in court or fear of the expense of having to do so. They tend to make only statements which 'steer far wider of the unlawful zone. The rule thus
Trial judge submitted the case to the jury under instructions that the statements made were libelous per se, which implies legal injury from the bare fact of publication itself, and were not privileged therefore the only things left to be proven are whether petitioners published the ad and whether the statements were made of and concerning respondent. trial judge found for Sullivan, sustained by the Alabama SC
ROSENBLOOM vs. METROMEDIA (Brennan) FACTS 1. 1n 1963, Rosenbloom was a distributor of nudist magazines. The Special Investigations Squad of the Philadelphia Police Department, headed by Cpt. Ferguson, purchased magazines from more than 20 newsstands. Based on the Captains own determination that the magazines were obscene, they arrested most of the newsstand operators. 2. Rosenbloom was about to deliver his magazines while the arrests were taking place. As a result, he was also arrested. 3. 3 days later police obtained a warrant to search his home and his rented barn which was used as a warehouse where further seizures took place. He paid bail for the 1st arrest but was again detained. 4. Cpt. Ferguson telephoned the respondents radio station WIP, a local radio station, a wire service and a local newspaper to inform them of the raid and his arrest. In WIPs broadcast they used the words allegedly and reportedly obscene more than five times. 5. Rosenbloom brought action in the Federal District Court for an injunctive relief to prohibit the police and further publicity in interfering with his business. 6. There was a second broadcast which did not mention the petitioners name about the case described as: as action by smut distributors or girlie book peddlers seeking the defendants to lay off the smut literature racket. 7. Rosenbloom went personally to the radio station (through a lobby telephone talk with a part-time newscaster) and said that his magazines were found to be completely legal and legit by the US SC. The newscaster said it was the district attorney who said it was obscene, Rosenbloom countered saying that he had a public statement of the district attorney declaring the magazines legal and alleged that at that moment, the telephone conversation was terminated. 8. In 1964, he was acquitted by a jury saying that the magazines were not obscene as a matter of law. Following the acquittal, he filed for damages under Pennsylvanias libel laws saying that the characterization of the books seized as obscene was proved false by the acquittal. WIPs defenses were truth (since Penn. Law recognizes truth as a complete defense) where their source was Cpt. Ferguson, and privilege (where a conditional privilege is recognized for news media to report judicial, administrative, or legislative proceedings if the account is fair and accurate and not published solely for the purpose of causing harm <but this may be defeated by showing want of reasonable care and diligence to ascertain the truth, where burden of proof is upon defendant>) 9. Court said that 4 findings were necessary to return a verdict for pet. 1) that one or more of the broadcasts were defamatory 2) a reasonable listener would
When an article is considered privileged: Where an article is published and circulated among voters for the sole purpose of giving what the defendant believes to be truthful information concerning a candidate for public office and for the purpose of enabling such voters to cast their ballot more intelligently, and the whole thing is done in good faith and without malice, the article is privileged, although the principal matters contained in the article may be untrue in fact and derogatory to the character of the plaintiff; and in such a case the burden is on the plaintiff to show actual malice in the publication of the article. Privilege for criticism of public official is appropriately analogues to the protection accorded a public official when he is sued for libel by a private citizen. Actual malice must be proved. o Proof of actual malice should be presented
In cases where that line must be drawn, the rule is that we examine for ourselves the statements in issue and the circumstances under which they were made to see whether they are of a character which the principles of the First Amendment, as adopted by the Due Process Clause of the Fourteenth Amendment, protect. We must make an independent examination of the whole record, so as to assure ourselves that the judgment does not constitute a forbidden intrusion on the field of free expression. Proof showing actual malice not sufficiently shown to support judgment. On the part of the NY Times, statement does not indicate malice at the time of publication and even if the ad was not substantially correct the opinion presented therein was a reasonable one and there is no evidence to impeach the good faith of the Times in publishing it. Reference to respondent in the ads: Evidence is incapable of supporting conclusion that statements were made of and concerning respondent. No reference to respondent was made either by name or official position. None of the statements made suggested any basis for the belief that respondent was himself attached beyond the bare fact that he was in overall charge of the Police Department. With regard to damages: General and punitive damages must be differentiated and since the judge did not instruct the jury to differentiate it would then be impossible to know which one they awarded and if adequate proof was presented warranting such an award of damages. Because of this uncertainty in addition to the those
SOLIVEN vs. MAKASIAR (November 14, 1988) Per Curiam FACTS: Petition for Certiorari and Prohibition to review the decision of the RTC Then President of the Philippines (Aquino) filed Informations for libel against the petitioners. Manila RTC (Makasiar, J) issued a warrant of arrest for petitioners. ISSUE: WON the RTC erred in issuing the warrants of arrest NO RATIO: Ground 1: Petitioners were denied due process when the Informations for libel were filed against them although the finding of the existence of a prima facie case was still under review by the Secretary of Justice and by the President. Court: Moot and Academic. On March 30, 1988, the Secretary of Justice denied petitioners motion for reconsideration and upheld the resolution of the USec of Justice sustaining the City Fiscals finding of a prima facie case against petitioners. Ground 2: Beltrans constitutional rights were violated when respondent RTC judge issued a warrant for his arrest without personally examining the complainant and the witnesses to determine probable cause. Court: (Please see Art 3, sec 2 of the Consti) In satisfying himself of the existence of probable cause for the issuance of a warrant of arrest, the judge is not required to personally examine the complainant and his witness. Following established doctrine and procedure, he shall: (1) personally evaluate the report and the supporting documents submitted by the fiscal regarding the existence of probable cause and then issue a warrant of arrest, or (2) if he finds no probable cause, he may disregard the fiscals report and require the submission of supporting affidavit of witnesses to aid him in arriving at a conclusion as to the existence of probable cause. Ground 3: The Presidents immunity from suits imposes a correlative disability to file a suit. If criminal proceedings ensue by virtue of the Presidents filing of her complaint-affidavit, she may subsequently have to be a witness for the prosecution, bringing her under the trial courts jurisdiction. This would be in an indirect way defeat her privilege of immunity from suit, as by
SOLIVEN vs. MAKASIAR BELTRAN vs. MAKASIAR Petition for Certiorari and Prohibition to review the decision of the RTC FACTS: Then President of the Philippines (Aquino) filed Informations for libel against the petitioners. Manila RTC (Makasiar, J) issued a warrant of arrest for petitioners. ISSUES: Whether or not the RTC erred in issuing the warrants of arrest. RATIO-HELD: DISMISSED. Ground 1: Petitioners were denied due process when the informations for libel were filed against them although the finding of the existence of a prima facie case was still under review by the Secretary of Justice and by the President. Court: Moot and Academic. On March 30, 1988, the Secretary of Justice denied petitioners motion for reconsideration and upheld the resolution of the USec of Justice sustaining the City Fiscals finding of a prima facie case against petitioners. Ground 2: Beltrans constitutional rights were violated when respondent RTC judge issued a warrant for his arrest without personally examining the complainant and the witnesses to determine probable cause. Court: (Please see Art 3, sec 2 of the Consti) In satisfying himself of the existence of probable cause for the issuance of a warrant of arrest, the judge is not required to personally examine the complainant and his witness. Following established doctrine and procedure, he shall: (1) personally
Borjal vs CA Facts: A civil action for damages based on libel was filed before the court against Borjal and Soliven for writing and publishing articles that are allegedly derogatory and offensive against Francisco Wenceslao, attacking among others the solicitation letters he send to support a conference to be launch concerning resolving matters on transportation crisis that is tainted with anomalous activities. Wenceslao however was never named in any of the articles nor was the conference he was organizing. The lower court ordered petitioners to indemnify the private respondent for damages which was affirmed by the Court of Appeals. A petition for review was filed before the SC contending that private respondent was not sufficiently identified to be the subject of the published articles. Issue: Whether or not there are sufficient grounds to constitute guilt of petitioners for libel. Held: In order to maintain a libel suit, it is essential that the victim be identifiable although it is not necessary that he be named. It is also not sufficient that the offended party recognized himself as the person attacked or defamed, but it must be shown that at least a third person could identify him as the object of the libelous publication. These requisites have not been complied with in the case at bar. The element of identifiability was not met since it was Wenceslaso who revealed he was the organizer of said conference and had he not done so the public would not have known. The concept of privileged communications is implicit in the freedom of the press and that privileged communications must be protective of public opinion. Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander. The doctrine of fair comment means that while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is deemed malicious, nevertheless, when the discreditable imputation is directed against a public person in his public capacity, it is not necessarily actionable. In order that such discreditable imputation to a public official may be actionable, it must either be a false allegation of fact or a comment based on a false supposition. If the comment is an expression of opinion, based on established facts, then it is
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Curtis Publishing vs Butts Brief Fact Summary. The Plaintiffs, Butts and Walker (Plaintiffs), were public figures and not public officials. Both were awarded damages for defamation. The Defendant, Curtis Publishing Co. (Defendant), appealed to extend the constitutional safeguards outlined in New York Times to public figures. Synopsis of Rule of Law. A public figure has the same standard of proof for libel as a public official does under New York Times. Facts. The case in the casebook deals with two separate cases with different facts: * In Curtis Publishing Co. v. Butts, Defendant No. 1, the Saturday Evening Post (Defendant No. 1) printed an article accusing Plaintiff No. 1, Butts (Plaintiff No. 1), the coach of the University of Georgia football team, of conspiring to fix a 1962 Georgia-Alabama game by giving Paul Bryant, the Alabama coach, crucial information about Georgias offensive strategy. Plaintiff No. 1 sued Defendant No. 1 for libel and a jury awarded him $60,000 in general damaged and $30,000 in
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Discussion. Public figures have just as much influence and access to the public as do public officials. In this case, the majority would rather have the Plaintiffs, who are public figures, use newspapers, TV shows, public appearances and the like to battle defamatory statements made without malice. In the decision in this case, the Supreme Court takes a handsoff approach in dealing with defamatory statements that were made by mistake.
Fighting words, Offensive Words CHAPLINSKY vs. NEW HAMPSHIRE (1942) Ponente: J. Murphy FACTS: In 1940 Walter Chaplinsky, a Jehovah's Witness, was distributing literature on the streets of Rochester, New Hampshire, when he created quite a stir by loudly telling everyone he encountered that organized religions are a racket and by specifically condemning several major ones by name in great detail. Members of the local citizenry complained to the City Marshal, Bowering, that Chaplinsky was denouncing all religion as a 'racket'. Bowering told them that Chaplinsky was lawfully engaged, and then warned Chaplinsky that the crowd was getting restless. Some time later a disturbance occurred and the traffic officer on duty at the busy intersection started with Chaplinsky for the police station, but did not inform him that he was under arrest or that he was going to be arrested. On the way they encountered Marshal Bowering who had been advised that a riot was under way and was therefore hurrying to the scene. Bowering repeated his earlier warning to Chaplinsky who then addressed to Bowering the words set forth in the complaint.
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IMPT.ISSUE: WON there was an existence of the elements of libel in the Bulgar article. DECISION: The article was not libelous. Petition GRANTED. The assailed Decision of the Court of Appeals was REVERSED and SET ASIDE and the decision of the RTC was reinstated. RATIO: 1. There was no fairly identifiable person who was allegedly injured by the Bulgar article. An individual Muslim has a reputation that is personal, separate and distinct in the community. Each has a varying interest and a divergent political and religious view. There is no injury to the reputation of the individual Muslims who constitute this community that can give rise to an action for group libel. Each reputation is personal in character to every person. Together, the Muslims do not have a single common reputation that will give them a common or general interest in the subject matter of the controversy. Defamation, which includes libel (in general, written) and slander (in general, oral), means the offense of injuring a person's character, fame or reputation through false and malicious statements. It is that which tends to injure reputation or to diminish the esteem, respect, good will or confidence in the plaintiff or to excite derogatory feelings or opinions about the plaintiff. Defamation is an invasion of a relational interest since it involves the opinion which others in the community may have, or tend to have, of the plaintiff. Words which are merely insulting are not actionable as libel or slander per se, and mere words of general abuse however opprobrious, ill-natured, or vexatious, whether written or spoken, do not constitute a basis for an action for defamation in the absence of an allegation for special damages. Declarations made about a large class of people cannot be interpreted to advert to an identified or identifiable individual. Absent circumstances specifically pointing or alluding to a particular member of a class, no member of such class has a right of action without at all impairing the equally demanding right of free speech and expression, as well as of the press, under the Bill of Rights.
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MVRS PUBLICATIONS, INC. and BINEGAS, JR., in their defense, contended that the article did not mention respondents as the object of the article and therefore were not entitled to damages; and, that the article was merely an expression of belief or opinion and was published without malice nor intention to cause damage, prejudice or injury to Muslims. The RTC dismissed the complaint holding that Islamic Dawah et al. failed to establish their cause of action since the persons allegedly defamed by the article were not specifically identified. The alleged libelous article refers to the larger collectivity of Muslims for which the readers of the libel could not readily identify the personalities of the persons defamed. Hence, it is difficult for an individual Muslim member to prove that the defamatory remarks apply to him. The Court of Appeals reversed the decision of the RTC. It opined that it was "clear from the disputed article that the defamation was directed to all adherents of the Islamic faith. This libelous imputation undeniably applied to the plaintiff-appellants who are
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"Extreme and outrageous conduct" means conduct that is so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency. The actions must have been so terrifying as naturally to humiliate, embarrass or frighten the plaintiff. Any party seeking recovery for mental anguish must prove more than mere worry, anxiety, vexation, embarrassment, or anger. Liability does not arise from mere insults, indignities, threats, annoyances, petty expressions, or other trivialities. Intentional tort causing emotional distress must necessarily give way
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Islamic Dawah Council of the Philippines, Inc., seeks in effect to assert the interests not only of the Muslims in the Philippines but of the whole Muslim world as well. Private respondents obviously lack the sufficiency of numbers to represent such a global group; neither have they been able to demonstrate the identity of their interests with those they seek to represent.
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MILLER vs. CALIFORNIA Burger, CJ FACTS: Miller was convicted of mailing unsolicited sexually explicit material (titles were: Intercourse, Man-Woman, Sex Orgies Illustrated, Illustrated History of Pornography, Marital Intercourse) in violation of a California statute (punishes distribution of obscene materials, solicited or not) that approximately used the obscenity test formulated in Memoirs v. Mass. The trial court instructed the jury to evaluate the materials by the contemporary community standard of California. Appellants conviction was affirmed on appeal. ISSUES/HELD: 1. WON obscene material is protected by 1st Amendment. NO. see Roth vs. Us. 2. WON obscene material can be regulated by the States. YES, subject to safeguards enumerated in this case (the New Obscenity Test). 5-4 vote
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STUFF FROM THE CASE: Landmark Obscenity Cases: Roth vs. US, 1957 obscenity is not within the area of constitutionally protected speech presumption that porn is utterly without redeeming social value Memoirs vs. Mass, 1966 Obscenity Test: a) dominant theme appeals to prurient interest in sex b) patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters c) utterly without redeeming social value. Utterly without redeeming social value MUST BE PROVED by prosecution. (almost impossible) The Present Case: It is settled that obscene material is not protected by the 1 st Amendment. A work may be subject to state regulation where that work, taken as a whole, falls within the realm of obscenity. In lieu of the obscenity test in Memoirs, the Court used a NEW Obscenity Test: a) WON the average person applying contemporary community standards would find that the work appeals to the prurient interest. b) WON the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law c) WON the work lacks serious literary, artistic, political, or scientific value. The test of utterly without redeeming social value articulated in Memoirs is rejected as a constitutional standard. In cases like this one, reliance must be placed in the jury system, accompanied the safeguards that judges, rules of evidence, presumption of innocence, etc.. provide. The mere fact that juries may reach different conclusions as to obscenity of the same material does not mean that constitutional rights are abridged. The jury may measure the essentially factual issues of prurient appeal and patent offensiveness by the standard that prevails in the community, and need not employ a national standard. Obscene (as defined by California Penal Code) to the average person, applying contemporary standards, the predominant appeal of the material, taken as a whole, is to prurient interest, i.e. a shameful or morbid interest in nudity, sex, or excretion, which goes beyond the limits of candor in GONZALEZ vs. KALAW KATIGBAK Ponente: Chief Justice Fernando Petitioner: Jose Antonio U. Gonzalez, President of the Malaya Films Respondent: Board of Review of Motion Pictures and Television (BRMPT), with Maria Kalaw Katigbak as Chairman FACTS: October 23, 1984 Permit to exhibit film Kapit sa Patalim under the classification For Adults Only, with certain changes and deletions was granted by the BRMPT. October 29, 1984 the BRMPT, after a motion for reconsideration from the petitioners, affirmed their original ruling, directing the Chairman of the Board to withhold the permit until the enumerated deficiencies were removed. January 12, 1985 Court required respondent to answer petitioners motion. The BRMPT alleges that the petition is moot since it had already granted the company the permit to exhibit without any deletions or cuts while maintaining the original For Adults Only classification. The validity of such classification was not raised by the petitioners. January 25, 1985 Petitioners amended the petition, including in the main objection the legal and factual basis of the classification and its impermissible restraint upon artistic expression. -The BRMPT argued that the standard provided by law in classifying films allows for a practical and determinative yardstick for the exercise of judgment and that the sufficiency of the standards should be the only question in the case. - The Supreme Court rejects such limitation of the scope of the case, pointing that the justification of the standard to warrant such a classification is still in question since its basis, obscenity, is the yardstick used by the courts in determining the validity of any invasion of the freedom of artistic and literary expression. ISSUE: WON there was a grave abuse of discretion by the respondent Board in violating the right of the petitioners to artistic and literary expression. HELD: There exists an abuse of discretion, but inadequate votes to qualify it as grave. RATIO: 1. Motion pictures are important as medium of communication of Ideas and the expression of the artistic impulse. This impresses upon motion pictures as having both informative and entertainment value. However, there is no clear dividing line with what
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Pornography is a constitutionally protected speech. Ours is a society saturated by pornography. 36% of women were molested as girls, 24% suffers from marital rape, 50% from rape or attempted rape, 85% are sexually harassed by employers in one way or another. A long time before the womens movement, legal regulation of pornography was framed as a question of the freedom of expression of the pornographers and their consumers governments interest in censoring expressions of sex vs the publishers right to express them and the consumers right to read and think about them. In this new context, protecting pornography means protecting sexual abuse as speech and its protection have deprived women of speech against sexual abuse. In the US, pornography is protected. Sexual abuse becomes a consumer choice of expressive content, abused women become a pornographers thought or emotion. Pornography falls into the legal category of speech rendered in terms of content, message, emotion, what it says, its viewpoint, its ideas Pornography is essentially treated as defamation rather than as discrimination, conceived in terms of what it says; a form of communication cannot, as such, do anything bad except offend. The trade or the sending and receiving is protected by the 1st amendment, the defamatory or offending element is a cost of freedom. A theory of protected speech begins here: words express, hence are presumed speech in the protected sense. But social life is full of words that are legally treated as the acts they constitute without so much as a whimper from the first amendment. For example: saying kill to a trained attack dog, saying ready, aim, fire to a firing squad. Words like not guilty and I do. A sign saying white only. These are considered as only words; doing not saying, not legally seen as expressing viewpoint. In pornography, it is unnecessary to do any of these things to express, as ideas, the ideas pornography expresses. It is essential to do them to make pornography. Pornography, not its ideas, gives men erections. Erection is neither a thought nor a feeling but a behavior. Speech conveys more than its literal meaning, and its nuances and undertones must be protected but what the 1 st amendment in effect protects is the unconscious mental intrusion and physical manipulation, even by pictures and words, particularly when the results are further acted out through aggression and other discrimination. Porn=sex Sex= not thinking (from the text: try arguing with an orgasm sometime) Pornography is protected as a constitutional right. Its effects depend upon mental intermediation. It is protected unless you can show what it and it alone does.
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RENO vs. ACLU [June 26, 1997] Justice Stevens delivered the opinion of the Court. FACTS: Two provisions of the Communications Decency Act of 1996 (CDA or Act) seek to protect minors from harmful material on the Internet, an international network of interconnected computers that enables millions of people to communicate with one another in "cyberspace" and to access vast amounts of information from around the world. Criminalizes the "knowing" transmission of "obscene or indecent" messages to any recipient under 18 years of age. Section 223(d) prohibits the "knowin[g]" sending or displaying to a person under 18 of any message "that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs." Affirmative defenses are provided for those who take "good faith, . . . effective . . . actions" to restrict access by minors to the prohibited communications, and those who restrict such access by requiring certain designated forms of age proof, such as a verified credit card or an adult identification number. The court's judgment enjoins the Government from enforcing prohibitions insofar as they relate to "indecent" communications, but expressly preserves the Government's right to investigate and prosecute the obscenity or child pornography activities prohibited therein. The injunction against enforcement of CDA is unqualified because that section contains no separate reference to obscenity or child pornography. The Government appealed to this Court under the Act's special review provisions, arguing that the District Court erred in holding that the CDA violated both the First Amendment because it is overbroad and the Fifth Amendment because it is vague. ISSUE: 1. WON CDA is a valid prohibition? Nope 2. WON the CDA act 1996 violates the First and Second amendments by its definition of obscene and patently offensive prohibitions on internet information.
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HOLDING: The scope of the decision is quite limited. COPAs reliance on community standards to identify material that is harmful to minors does not by itself [I think the Court is saying that it could be unconstitutional as applied as expressed by Justice OConnor in his concurring opinion] render the statute substantially overbroad. - The Court did not decide whether the COPA is unconstitutionally vague for other purposes or that the Act will not survive if strict scrutiny is applied. - Since petitioner did not ask to vacate the preliminary injunction, the Government remains enjoined from enforcing COPA without the further action by the Court of Appeals of the District Court. Justice OConnor, concurring in part and concurring in the judgment. I agree that even if obscenity on the Internet is defined in terms of local community standards, respondent have not shown that the COPS is overbroad solely on the basis of the variation in the standards of different communities. But the respondents failure still leaves possibility that the Act could be unconstitutional as applied. To avoid this, a national standard is necessary for a reasonable regulation of Internet obscenity. OConnor does not share the skepticism in Miller in having a national standard. He believe that although the Nation is diverse, many local communities encompass a similar diversity. Justice Breyer, concurring in part and concurring in the judgment. Breyer thinks that the statutory word community in the Act refers to the Nations adult community taken as a whole, not to geographically separate local areas. The statutory language does not explicitly describe the specific
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