Adderley v.
Florida 385 US 39
Facts:
32 students, the petitioners as members of a group of about 200 members blocked and demonstrated on a
nonpublic jail driveway and on county jail premises. The sheriff and the jail custodian advised the group
to depart from the place as it is trespassing on country premises. 107 demonstrators refusing to leave the
jail premises were arrested and convicted under a Florida statute for “trespassing with a malicious and
mischievous intent.” Petitioners contended that the lower courts of Florida Circuit Court and District
Court of Appeal erred in their judgement, for what they did was part of their “rights of free speech and
assembly” under the fourth amendment.
Issue:
WON the Florida Circuit Court and District Court of Appeal erred in the conviction of the petitioners?
Held:
No. The Courts of Florida and the District Court of Appeal made the right conviction, the Florida
Statute’s purpose was to prevent demonstrations on the premises of a jail, which is not open to the public.
The argument that the student’s right to free speech was violated is not established, there is no evidence
that they were arrested based on their views and objectives.
Tolentino v. Secretary of Finance
Facts:
Tolentino is questioning the validity of the Extended Value-Added Tax Law, primarily the removing of
the exemption of the press from the VAT while maintaining those granted to others. Philippine Press
Institute argues that this law discriminates against the press, it is stated that “even nondiscriminatory
taxation of constitutionally guaranteed freedom is unconstitutional.”
Issue:
WON E-Vat Law is discriminate against the press?
Held:
No. Vat is not a license tax, it is not a taxation on the exercise of a constitutional right. It is imposed on
sale, barter, lease or exchange of goods or the exchange of services and the lease of properties purely for
revenue purposes. To subject the press to this law is synonymous to making the press pay its income tax
or subject it to general regulation, which is not a violation of its freedom under the Constitution.
US v. Bustos 37 Phil 731
Facts:
In the latter part of 1915, numerous citizens of the Province of Pampanga assembled, and prepared and
signed a petition to the Executive Secretary(privileged communication) through the law office of
Crossfield and O'Brien, and five individuals signed affidavits, charging Roman Punsalan, justice of the
peace of Macabebe and Masantol, Pampanga, with malfeasance in office and asking for his removal. The
specific charges against the justice of the peace include the solicitation of money from persons who have
pending cases before the judge. Now, Punsalan alleged that accused published a writing which was false,
scandalous, malicious, defamatory, and libelous against him.
Issue:
WON accused is entitled to constitutional protection by virtue of his right to free speech and free press.
Held:
Yes. The guaranties of a free speech and a free press include the right to criticize judicial conduct. The
administration of the law is a matter of vital public concern. Whether the law is wisely or badly enforced
is, therefore, a fit subject for proper comment. If the people cannot criticize a justice of the peace or a
judge the same as any other public officer, public opinion will be effectively suppressed. It is a duty
which every one owes to society or to the State to assist in the investigation of any alleged misconduct. It
is further the duty of all who know of any official dereliction on the part of a magistrate or the wrongful
act of any public officer to bring the facts to the notice of those whose duty it is to inquire into and punish
them.
The right to assemble and petition is the necessary consequence of republican institutions and the
complement of the part of free speech. Assembly means a right on the part of citizens to meet peaceably
for consultation in respect to public affairs. Petition means that any person or group of persons can apply,
without fear of penalty, to the appropriate branch or office of the government for a redress of grievances.
The persons assembling and petitioning must, of course, assume responsibility for the charges made. All
persons have an interest in the pure and efficient administration of justice and of public affairs.
