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Answer the following question in essay form. Question #1: Make a comparative analysis of the 3 major criteria to determine liability for ideas expressed beyond
Answer the following question in essay form. Question #1: Make a comparative analysis of the 3 major criteria to determine liability for ideas expressed beyond the guarantee of freedom of expression. Cite landmark cases to illustrate the distinction. (230 words) Materials for question number 1: 3 Major Criteria to determine liability 1. Clear and Present Danger - most libertarians of these tests. The rule is that the danger created must not only be clear and present but also traceable to the idea expressed. Cases: Primicias vs. Fugoso, 80 Phil. 71 Navarro vs. Villegas, 31 SCRA 731 Reyes vs. Bagatsing, 125 SCRA 553 2. Dangerous Tendency - under this test, a person could be punished for his ideas even if they only tended to create the evil sought to be prevented. It was not necessary to actually create the evil; mere tendency toward the evil was enough. Cases: Cabansag vs. Fernandez, 102 Phil. 152 People vs. Perez, 45 Phil. 599 3. Balance-of-Interest - this test resolves the issue in the light of the peculiar circumstances obtained in each particular case
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