Gonzales v. COMELEC, 27 SCRA 835, G.R. No. 27833, April 18, 1969
Gonzales v. COMELEC, 27 SCRA 835, G.R. No. 27833, April 18, 1969 Petitioners challenge the constitutionality of Republic Act No. 4880 prohibiting the too early nomination of candidates and limiting the period of electoral campaign. CLEAR AND PRESENT DANGER TEST & DANGEROUS TENDENCY TEST At the very least, free speech and free press may be identified with the liberty to discuss publicly and truthfully any matter of public interest without censorship or punishment. There is to be then no previous restraint on the communication of views or subsequent liability whether in libel suits, prosecution for sedition, or action for damages, or contempt proceedings unless there be a clear and present danger of substantive evil that Congress has a right to prevent. This Court spoke, in Cabansag v. Fernandez ; of two tests that may supply an acceptable criterion for permissible restriction. Thus: "These are the 'clear and present danger' rule and the 'dangero...

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