High Court trashes gov’t ban on airing of Hello Garci tapes: ‘Unconstitutional prior restraint’

Voting 10-5, the Supreme Court has nullified the government ban on the airing of the Hello Garci tapes, “for constituting unconstitutional prior restraint on the exercise of freedom of speech and of the press”.

This is definitely a victory for journalists and the public.

The court said that:

There is enough evidence of chilling effect of the complained acts on record. The warnings given to media came from no less the NTC, a regulatory agency that can cancel the Certificate of Authority of the radio and broadcast media. They also came from the Secretary of Justice, the alter ego of the Executive, who wields the awesome power to prosecute those perceived to be violating the laws of the land. After the warnings, the KBP inexplicably joined the NTC in issuing an ambivalent Joint Press Statement.

The ruling, penned by Chief Justice Reynato Puno himself, also said that:

The constitutional imperative for us to strike down unconstitutional acts should always be exercised with care and in light of the distinct facts of each case. For there are no hard and fast rules when it comes to slippery constitutional questions, and the limits and construct of relative freedoms are never set in stone. Issues revolving on their construct must be decided on a case to case basis, always based on the peculiar shapes and shadows of each case. But in cases where the challenged acts are patent invasions of a constitutionally protected right, we should be swift in striking them down as nullities per se. A blow too soon struck for freedom is preferred than a blow too late.

In VIEW WHEREOF, the petition is GRANTED. The writs of certiorari and prohibition are hereby issued, nullifying the official statements made by respondents…

The full text of the ruling on the case filed by former Solicitor-General Francisco Chavez may be obtained or read here.

Find out how the court justices voted by clicking here.

Go to the PCIJ site for the Hello Garci recordings or listen to this YouTube video:

Also, please repost this funny ringtone-cum-video:

Congratulations to Atty. Chavez and all those who supported his case.