argued in their submission to the Supreme Court Monday.
But ABS-CBN said the sub judice rule was not intended to prohibit any discussion of any matter covered by a pending judicial proceeding. The network argued that a gag order is a form of prior restraint – an official governmental restriction in advance of actual publication and dissemination – that violates freedom of expression and of the press.
Clear and present danger means the injury sought to be prevented must be substantive and imminent, not hypothetical. “’Persons acting on their behalf’ is also vague. Would anyone making public statements in favor or against a party be acting on their behalf?" it added.
Jusko! Gag order is a legal exercise! Hindi yan pag silence, yan ay upang maiwasan ang mga sabi-sabi na makakaapekto sa pagreresolba ng problema sa loob ng korte. Nasa Korte na ang kaso, wag na pairalin ang tsismis dahil hindi yun nakakatulong! Pweh!
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