Campus Freedom: A Right not Shed at the Schoolgate

Cite as: 50 ATENEO L.J. 742 (2005)
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In light of previous rulings in Malabanan v. Ramento and Miriam College Foundation v. Court of Appeals concerning campus freedom, the Article proposes a different test to determine the validity of school disciplinary powers that limit campus freedom of speech. A proper test involves re-examining key areas, such as the philosophies and values that animate freedom of speech, the theoretical foundation behind concepts that underlie academic freedom, and the existing state of campus press freedom in the country and how it can be remedied. These key areas are not only used to determine validity of a restriction of speech and press freedom, but also restriction of this Constitutional right.

The Article, in proposing a more suitable and proper test, discusses theories, jurisprudence, and more. The first part of the Article provides a background on the Bill of Rights as a source of the right to freedom of speech. The second part discusses the theories and prohibitions contained under the freedom of speech clause as well as their limitations, because of the simple but crucial fact that the rights and limitations under freedom of speech likewise apply to campus publications. The third part provides a discussion on the state of jurisprudence concerning student press rights and its counterpart: the disciplinary power of school under academic freedom. It likewise reviews the various theories on the reasons why a school has the power to regulate speech inside the campus. The fourth part discusses the Campus Journalism Act, while the fifth part discusses the case of Miriam College as well as its consequences on campus press freedom. The sixth part, meanwhile, presents a re-interpretation of the Miriam College case in connection with the Campus Journalism Act and the repercussions of both on Philippine law.

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