Evangelista v. Earnshaw, G.R. No. 36453, September 28, 1932
SEDITIOUS SPEECH Evangelista v. Earnshaw, G.R. No. 36453, September 28, 1932 Evangelista, the President of the Communist Party of the Philippines, applied for a permit to hold a rally, before the Office of Mayor of Manila. This was refused by the Mayor, which prompted Evangelista to file a petition for mandamus before the Court. Instead of being condemned or criticised, the respondent mayor should be praised and commended for having taken a prompt, courageous, and firm stand towards the said Communist Party of the Philippines before the latter could do more damage by its revolutionary propaganda, and by the seditious speeches and utterances of its members. In the case of Gitlow vs. New York (268 U. S., 652), the Supreme Court of the United States said: Such utterances, by their very nature, involve danger to the public peace and to the security of the state. They threaten breaches of the peace and ultimate revolution. And the immediate danger is none...