Freedom of Speech - ATA Edited
Freedom of Speech - ATA Edited
vs. Bustos.2 Note that freedom of speech was formulated primarily for
is a right cognate to those of free speech and free press and is equally
same rights. While it is also true that the State adopted the “dangerous
punished when it creates a dangerous tendency which the State has the
1
Gonzales v. COMELEC, 137 Phil. 471, 494(1969).
2
U.S. v. Bustos, 37 Phil. 731 (1918).
3
De Jonge v. Oregon, 299 U.S. 353 (1937).
4
Cabansag v. Fernandez, 102 Phil. 151 (1957).
harm to a person, to endanger a person’s life, or to create a serious
simplistic view.
public assembly, should the ATC view the same as a terroristic act or
under Sections 4-12, the council may authorize any law enforcer agent
warrant of arrest.
5
The Anti-Terror Law of 2020 (R.A. 11479).
It is also important to note that the council is comprised of the
Cabinet members of the President and all which answers to the latter.
use that basis and equate it into suspicion thus, they are empowered to
present time, people can still voice out whatever they are fighting for
means that due to the vagueness and overbreadth of the law, it may
puzzle the people because they are not sure whether they have
6
ATL Oral Arguments (2020).
7
Id
others, his moral and intellectual development is stifled and the
development.8
with respect to public affairs and the right to petition is the right of
is abridged, the freedom to assemble and the right to petition are also
since President Rodrigo Duterte declared the group as the same back
Based on the former law, the Human Security Act, the Department of
the court has yet to decide on the case filed in 2018. When the
Lorraine Marie Badoy said that the National Democratic Front of the
Philippines (NDFP) has “targeted” the youth sector and has taught
is not the only one who holds this view. In fact, right-wing supporters
making the youth vulnerable to recruitments to take arms and join the
This is harmful because the ATC may regard any activist group
dispersal. Examples of famous rallies that did not end peacefully and
still remain fresh in the memory of the masses are the Kidapawan
11
The Human Security Act (R.A. 9372)
12
Vera Files, VERA FILES FACT CHECK: Badoy errs in claiming NDF tagged as terror group by PH,
other countries (2020)
Massacre (2004) and Mendiola Massacre (1987) among others. 13 Of
during these times, when the ATA has not been born yet, aggression
into mass arrests if the ATC wishes them to be since they have the
on Civil and Political Rights among others). Taking this into account,
the right to association under Article III, Section 8 is more than just
State.16 If the State contradicts itself where the ATC permits the law
assembly as intended to threaten the public order and safety, the rights
13
Francisco Katerina, LOOK BACK: Philippine protests that turned bloody (2016).
14
Primicias v. Fugoso, 80 Phil. 71 (1948).
15
Id
16
The Public Assembly Act (B.P. 880).
conduct and between an essentially peaceable assembly and a
17
U.S. v. Apurado, 7 Phil. 422 (1907).