Constitutional Provisions
THE RIGHT TO PUBLISH NEWS is not expressly granted by law, but is founded on the general liberty of the people.
No provision of either the 1935 Constitution or the 1987 Constitution declares that citizens have the right to publish. The bill of rights of both Constitutions merely state that the government has no powerto enact laws abridging the freedom of press.
Sub-section of Sec.1, Art. III of the 1935 Constitution states: “No law shall be passed abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
This provision is repeated in the New Constitution.
The provision prevents censorship or the imposition of previous restraint upon a publication. The reporter or publisher, however, may be held liable for printing or publishing any of the following:
- Those injurious to the reputation or privacy of persons;
- Those injurious to the public order and national security;
- Those injurious to public morals; and
- Those injurious to the integrity and efficiency of public bodies, such as Congress and the courts.
The restraints on publications may be classified on the basis of the branch of law affected:
- Criminal law – libel, obscenity, inciting to sedition, contempt, unlawful publication of official papers, etc.
- Civil law – libel, breach of privacy, violation of copyright, unfair competition.
- Administrative law – concerning postal law, mailing privileges, customs regulations, advertising rules.
Of these restraints, the most pervasive and recurrent is the law on libel. Also of these restraints, it is the libel law which campus editors may most likely violate.
