Freedom of Expression, Speech and Press

Freedom of Expression, Speech and Press

      Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. 

   Concept of freedom of speech

      Freedom of speech, of expression and of the press simply means the liberty to utter and print and publish any statement whatsoever without objection to the previous censorship of the government. The constitutional safeguard of these rights enable men to speak and express freely on matters vital to them and that falsehood may be exposed through the processes of education and discussion which are essential to free government.

      This constitutional freedom contemplated under Section 4 of Article III, includes liberty to circulate what is published which precludes immunity from wilful abuses of such freedom in a manner that if permitted to go unrebuked, would soon make the license of an unrestricted press even "more odious to the people than would the interference of government with the expression of opinion."

Freedom of Expression

   The phrase "freedom of expression" has enlarge the scope of the freedom of speech which now covers "mimickry" or other ways of expression that can likewise be as emphatic as actual speech.

   The word "speech" embraces any form of oral utterances, including picketing, for by it one silently speaks out what he has in mind, but it is to be understood that such picketing be at all times peaceful. It also includes salute to the flag, for in such salute, one likewise speaks out what he thinks about the flag.

Picketing

   Picketing is the demonstration of employees or laborers in the employer's premises or near such premises manifested by carrying of placards wherein the employees sentiments are clearly projected.
Peaceful picketing  is protected by the Constitution as part of the freedom of speech. It may be carried on, in or near the places of industrial establishments but not in private homes, except when the same are used in connection with the industry as when such homes constitute as outlet for te employer's product.

Concept of the Term Press

   Within the purview of the constitutional intendment, the word "press" includes every kind of publication such as books, magazines, newspapers, handbills, pamphlets, leaflets. Broadcast media - television and radio may also be included within the term "press".

   The freedom of speech, of expression and of the press is subject to the laws against obscenity, libel or slander, the laws on sedition as well as police power, all of which constitute constitutional prior restraint.

Prior Restraint

   Prior restraint means official  governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. Its most blatant form is a system of licensing administered by an executive officer. In fact, the doctrine which prohibits prior restraint arose as a reaction to sixteenth and seventeenth century attempts to control censorship, although not placed on the same level as press censorship, also belongs to this type of prior restraint which takes the form of injunction against publication.

   Previous restraint or censorship is abhorrent to the freedom of the press guaranteed under the fundamental law, and constitutes a virtual denial of freedom to express. This is patently anathematic to a democratic framework where a free, alert and even militant press is essential for the political enlightenment and growth of the citizenry.