Flashcards Studio

City Ordinance No. 2033-77, the "Open Expression in Public Space Act," prohibits any utterance, writing, posting, or display that (a) demeans, discredits, or undermines the credibility of any city official or public institution, or (b) disturbs public order or interferes with essential public services. The ordinance covers statements made in public spaces, on posters, and on online platforms, using broad terms such as “demeans,” “discredits,” “undermines,” and “disturbs” without precise limits. A registered nurse, Dr. Ada Reyes, posts on her public Facebook page: “City Mayor Cruz is corrupt and mishandles disaster funds.” Reyes is charged under the ordinance. Reyes challenges the ordinance on its face as unconstitutional. (a) Identify the controlling doctrinal framework Reyes relies on. (b) Distinguish facial challenges from as-applied challenges and explain whether the ordinance would fail the facial test. (c) Apply the overbreadth doctrine to the facts to determine whether the ordinance is void for overbreadth, and whether severability could save any portion. Conclude with the likely outcome under Philippine law.