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Consider the following excerpts from the Courts Decision: There is nothing in petitioners statements subject of the complaints expressing any particular religious belief, nothing furthering his avowed evangelical mission. Contrary to petitioners impression, the Court has, in fact, considered the factual antecedents of and his motive in making his utterances, and has found those circumstances wanting as defense for violating the programs "G" rating. Petitioners position may be accorded some cogency, but for the fact that it fails to consider that the medium he used to make his statements was a television broadcast, which is accessible to children of virtually all ages.

And just to set things straight, the penalty imposed is on the program, not on petitioner. Correctly applying Pacifica's context-based ruling, petitioner's speech, if indeed indecent, enjoys constitutional protection and may not be sanctioned.

Our country is still not safe from the recurrence of this stultifying strife considering our warring religious beliefs and the fanaticism with which some of us cling and claw to these beliefs. we're really going to fuck, yeh, we're going to make love. And it also means the beginning of life, it's the act that begins life, so there's the word hanging around with words like love, and life, and yet on the other hand, it's also a word that we really use to hurt each other with, man. The restriction on freedom need not be greater than is necessary to further the governmental interest.

x x x For when religion divides and its exercise destroys, the State should not stand still. It's an interesting word too, [']cause it's got a double kind of a life-personality-dual, you know, whatever the right phrase is. First of all, it means, sometimes, most of the time, fuck. It's a heavy one that you have toward the end of the argument. The "balancing of interests" test requires that a determination must first be made whether the necessary safeguarding of the public interest involved may be achieved by some other measure less restrictive of the protected freedom.

As he presently argues: The Honorable Court should have rendered its decision in light of the surrounding circumstances why and what prompted herein petitioner to utter those words.

The same case also laid the basis for the classification system of the MTRCB when it stated, "It cannot be denied though that the State as parens patriae is called upon to manifest an attitude of caring for the welfare of the young." The penalty of suspension imposed on petitioner has driven him to liken the Court to "a blind man who was asked to describe an elephant, and by his description he stubbornly believed that an elephant is just the same as a Meralco post after touching one if its legs." Petitioner makes this comparison with the view that the factual backdrop against which his statements were made was purportedly not considered by the Court.

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