THERE is a reason freedom of expression, of speech, and of the press is basic in all nations and governments that adhere to democratic principles and takes precedence over all other rights and freedoms.
And that includes us.
From the time of our predecessors’ fight for independence from our colonizers to today, freedom of speech and the press have been instrumental in shaping our nation and government.
Our history shows that the struggle for the exercise and protection of freedom of speech and the press played a crucial role in winning our independence.
Which is why the framers of the Malolos Constitution provided for its guarantee in an independent Philippines. Article 20 of the 1898 Charter states: “Neither shall any Filipino be deprived: (1) of the right to freely express his ideas or opinions, orally or in writing, through the use of the press or other similar means; (2) of the right of association for purposes of human life and which are not contrary to public morals; and lastly (3) of the right to send petitions to the authorities, individually or collectively.”
In its present form, the Bill of Rights of the 1987 Constitution provides: “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”
It is to be noted that whether in the Malolos or the 1987 Constitution (and other constitutions in between), freedom of speech is lumped with two other rights—freedom of assembly and the right to seek action from the government to address their concerns.
In other words, freedom of speech is meant to make government better, to make sure that it serves the needs and welfare of the people.
But what good is freedom of speech and the press if the government does not listen?
That’s the same question that the late senator and constitutionalist, Claro M. Recto, asked in 1953:
“Let it be granted that we enjoy freedom of speech to a greater measure perhaps than many other” nations in the world.
“Let it be granted our press are truly the freest in our history with their daily exposés of graft, corruption, and oppression, and even personal failings of high government officials.
“But what is the purpose and justification for this freedom? For freedom of speech means more than freedom to criticize. It must have a purpose; it must serve some end; it is not an end itself.
“Such a purpose can be no other than to enable us to govern ourselves wisely and well, expressing our grievances that they may be redressed, and our desires for justice, peace, order and prosperity, that they may be satisfied.
“Freedom of speech is calculated to help the people select those among them best suited to achieve these great national objectives under God and the Constitution.
“If such be the purpose and justification of freedom of speech, freedom of the press, and other types of freedoms, then we must admit that there is more deception and pretense than truth and validity in the proposition that we enjoy them.
“We may be free to complain, but what is the good of that when the government may hear but will not listen?
“We may be free to expose, but what is the good of that when the government closes its eyes, or stares without seeing what we expose?
“Freedom to speak is thus checkmated by refusal to listen and to act.
“We may accuse (the) government of extortion and bribery and other corrupt practices, but if nothing is done to punish the guilty, our accusations have gone for nothing.
“We may deplore and denounce extravagance in government, but if the government unconcernedly continues to squander the money of the people, then our denunciations have been worse than useless, for they have only awakened suspicions and doubts that are not to be allayed.
“We may charge those in the seats of power with inefficiency, dishonesty, lawlessness, and the highest crimes against the people, but if, when the crucial time comes for us to exercise our rights of self-government in order to change these erring and prevaricating public servants, we are prevented from doing so by force and intimidation, or our will is subverted by fraud, then we may shout our heads off but we shall be ‘crying in the wilderness,’ unable to enforce our decisions as a sovereign people.”
Take heed: the Propaganda Movement led to the Revolution of 1896.
