Unconstitutional regulation of speech, expression

"REGULATION OF SPEECH in the context of electoral campaigns made by persons who are NOT CANDIDATES or who do not speak as members of a political party which are, taken as a whole, PRINCIPALLY ADVOCACIES OF A SOCIAL ISSUE that the public must consider during elections is UNCONSTITUTIONAL. Such regulationn is inconsistent with the guarantee of according the fullest possible range of opinions coming from the electorate including those that can catalyze candid, uninhibited, and robust debate in the criteria for the choice of a candidate.

This does not mean that there cannot be a specie of speech by a private citizen which will not amount toan election paraphernalia to be validly regulated by law.

REGULATION OF ELECTION PARAPHERNALIA will still be constitutionally valid if it reaches into speech of persons who are not candidates or who do not speak as members of a political party if they are not candidates, only if what is regulated is declarative speech that, taken as a whole, has for its principal object the endorsement of a candidate only. The regulation (a) should be provided by law, (b) reasonable, (c) narrowly tailored to meet the objective of enhancing the opportunity of all candidates to be heard and considering the primacy of the guarantee of free expression, and (d) demonstrably the least restrictive means to achieve that object. THE REGULATION MUST ONLY BE WITH RESPECT TO THE TIME , PLACE , AND MANNER OF THE RENDITION OF THE MESSAGE. IN NO SITUATION MAY THE SPEECH BE PROHIBITED OR CENSORED ON THE BASIS OF ITS CONTENT. FOR THIS PURPOSE, IT WILL NOT MATTER WHETHER THE SPEECH IS MADE WITH OR ON PRIVATE PROPERTY.

This is not the situation, however, in this case for two reasons. First, as discussed, the principal message in the twin tarpaulins of petitioners consists of a SOCIAL ADVOCACY."


Read :

THE DIOCESE OF BACOLOD, REPRESENTED BY THE MOST REV. BISHOP VICENTE M. NAVARRA and THE BISHOP HIMSELF IN HIS PERSONAL CAPACITY, Petitioners,

vs.

COMMISSION ON ELECTIONS AND THE ELECTION OFFICER OF BACOLOD CITY, ATTY. MAVIL V. MAJARUCON, Respondents.

EN BANC, G.R. No. 205728, January 21, 2015

https://lawphil.net/judjuris/juri2015/jan2015/gr_205728_2015.html