Eastern Broadcasting vs. Dans DIGEST

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EASTERN BROADCASTING CORPORATION (DYRE)

VS. HON. JOSE P. DANS


(G.R. No. L-59329 July 19, 1985)

FREEDOM OF EXPRESSION

FACTS HELD

1. The radio station DYRE was closed on the allegation that YES.
their station was used to incite people to rebellion, a crime
against national security. The court stressed that all forms of media, whether print or
broadcast are entitled to this constitutional right. Although the
2. The station claimed that there was no substantial proof that government still has the right to be protected against broadcasts
there was an attempt to incite rebellion, no hearing to settle the which incite the listeners to violently overthrow it. The test for
issue, and no prior notice about the charges against them were the limitation of freedom of expression is the clear and present
sent to the station. Thus they filed a complaint as they were not danger rule. If in the circumstances that the media is used in
given due process, and the closing of the station violates such nature as to create this danger that will bring in such evils,
freedom of expression. then the law has the right to prevent it.

3. The station was sold to a new owner and the case was moot Without proof of any danger to the government and country,
and academic, but the court decided on it for future reference the closing of the station was a violation of the constitution.
and as a means of guidance for the courts. The people have a right to be informed. Radio and television
would have little reason for existence if broadcasts are limited
to bland, obsequious, or pleasantly entertaining utterances.
ISSUE Since they are the most convenient and popular means of
disseminating varying views on public issues, they also deserve
WON the closing of the station violated the freedom of special protection.
expression
Petiton is GRANTED

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