2016 (Political Law) Bar Exam Questions: Question 6

[Answer/discuss the question below, or see 2016 bar exam Political Law Instructions; 2016 Political Law Questions: 1, 2, 3, 4, 57, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-VI-

Pornographic materials in the form of tabloids, magazines and other printed materials, proliferate and are being sold openly in the streets of Masaya City. The City Mayor organized a task force which confiscated these materials. He then ordered that the materials be burned in public. Dominador, publisher of the magazine, “Plaything”, filed a suit, raising the following constitutional issues: (a) the confiscation of the materials constituted an illegal search and seizure, because the same was done without a valid search warrant; and (b) the confiscation, as well as the proposed destruction of the materials, is a denial of the right to disseminate information, and thus, violates the constitutional right to freedom of expression. Is either or both contentions proper? Explain your answer. (5%)

2 comments

  1. Both contentions lack merit. The City is in the valid exercise of police power; hence probable cause is more than apparent to seize and burn the pornographic materials in question. No Warrant is necessary, therefore. On the other hand, free speech is not an absolute right to include obscene publications. The State, thus has the power to regulate it as in this case.

    Hot debate. What do you think? Thumb up Thumb down 0

  2. Hidden due to low comment rating. Click here to see.

    Poorly-rated. Like or Dislike: Thumb up Thumb down -5

Leave a Reply

Your email address will not be published. Required fields are marked *