The prevailing doctine is that the clear and present danger rule is such a limitation. Another criterion for permissible limitation on freedom of speech and the press, which includes such vehicles of the mass media as radio, television and the movies, is the balancing of interest test (Chief Justice Enrique M. Fernando on the Bill of Rights, 1970 ed. p. 79). The principle requires a court to take conscious and detailed consideration of the interplay of interests observable in given situation or type of situation (Separation Opinion of the late Chief Justice Castro in Gonzales v. Commission on Elections, supra, p. 899). In the case at bar, the interests observable are the right to privacy asserted by respondent and the right of freedom of expression invoked by petitioner. taking into account the interplay of those interests, we hold that under the particular circumstances presented, and considering the obligations assumed in the Licensing Agreement entered into by petitioner, the validity of such agreement will have to be upheld particularly because the limits of freedom of expression are reached when expression touches upon matters of essentially private concern. lawphil.net/judjuris/juri1988/apr1988/gr_82380_1988.html
Posted on: Mon, 18 Aug 2014 13:56:28 +0000
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