By J. L. Loja
Think of democratic discourse as a bustling marketplace during a holiday rush. Everyone has the right to enter, browse, and make purchases. But without security, permits, agreed-upon currency, and store policies, the whole place becomes a chaotic free-for-all where nobody gets what they came for.
Few principles stir our collective pride more than the freedom to speak our minds. It is, after all, one of the essential markers of a vibrant democracy. The right of every citizen to voice opinions, to dissent, to say the Good, the Bad and the Ugly statements, and to contribute to what Justice William Orville Douglas famously called the “marketplace of ideas”. However, marketplaces only work when everyone plays by the same rules. Just as a mall thrives because of its rules rather than despite them, our democracy’s marketplace of ideas works best under smart, fair management.
Free expression in the Philippines is enshrined in Section 4, Article III of the 1987 Philippine Constitution, which unequivocally states, “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”. Yet, as our Supreme Court warned in Guingona v. Gonzales (1993), democracy “will not sanction tyranny by force of numbers.” Authentic discourse requires the unity of diverse voices working toward a common understanding, rather than the cacophony of competing monologues where everyone is shouting, and nobody is listening.
As John Stuart Mill observed, “We have a right, also, in various ways, to act upon our unfavourable opinion of any one, not to the oppression of his individuality, but in the exercise of ours.” The digital age has fundamentally transformed our marketplace of ideas. Where once our conversations might have been limited to the sari-sari store or family dinner table, today a single Facebook post can reach millions, a post on X (formerly called a tweet) can trend nationwide, and a TikTok video can shape public discourse. This amplification makes the rules of good commerce more essential than ever. As Scripture warned, “And the tongue is a fire, a world of iniquity.”
Once we choose to set up shop in the public square of social media, we accept the responsibilities that come with public commerce. Supreme Court observed this in Vivares v. St. Theresa’s College (2014), “We cannot afford protection to persons if they themselves did nothing to place the matter within the confines of their private zone.”
As the legal maxim goes, “The right to swing my fist ends where the other man’s nose begins.” In much the same way, our Constitution protects us from government censorship, but it cannot protect us from the natural consequences of our choices. Father Joaquin G. Bernas, S.J. summarizes it succinctly, “The search for standards for governmental curtailment of speech presupposes the premise that freedom of speech is not absolute.” Expressions such as libel, obscenity, or those threatening public order may be regulated without violating the Constitution. In essence, speech and expression that do not advance meaningful debate or that corrode the community’s integrity fall outside the protective mantle of free expression. Crucially, the Bill of Rights shields individuals from the heavy hand of the State, not from each other.
As the Supreme Court reminded us in Cadajas v. People (2021), “…the Bill of Rights was intended to protect private individuals against government intrusions. Hence, its provisions are not applicable between and amongst private individuals.” Constitutional freedom means speaking without government interference, not without consequence.
The Filipino ethos views rights within a web of duties and obligations to the community. Discourse should serve the common good, where exercising one’s rights does not diminish another’s dignity. Articles 19 through 21 of the Civil Code require that every person, in the exercise of rights and the performance of duties, act with justice, give everyone his due, and observe honesty and good faith, and impose liability upon anyone who willfully or negligently causes damage to another in a manner contrary to morals, good customs, or public policy.
The Supreme Court captured this balance in Vivares v. St. Theresa’s College, noting that “it is, thus, incumbent upon internet users to exercise due diligence in their online dealings and activities and must not be negligent in protecting their rights. Equity serves the vigilant.” This does not diminish the value of freedom. On the contrary, it is precisely because speech is so powerful that we are asked to wield it with care.
True liberty in the marketplace is not the unchecked dumping of inventory regardless of consequence. It is the freedom to choose what we buy and sell, tempered by awareness of how our commerce affects the entire market. As the social contractarians argued, freedoms endure only because individuals consent to live within a framework that safeguards the community. Rights are preserved not by their limitless exercise, but by the discipline that allows others to enjoy them as well. Genuine unity emerges not from uniformity, but from diverse voices united in commitment to shared principles and common purpose.
Institutions, whether civic, social, or educational, have a role in safeguarding this balance. They are not there to silence, but to ensure that the cacophony of voices does not descend into chaos or cruelty. Free speech without responsibility is just expensive noise. The marketplace has not lacked for voices; it has lacked for referees. When every participant in the public square appoints themselves both merchant and magistrate, commerce does not flourish; it collapses.
Our words shape communities, mark reputations, and build the contours of freedom itself. Or as Scripture counsels with timeless elegance, “let your speech be always with grace, seasoned with salt, that ye may know how ye ought to answer every man.” It is not a call to silence, but a call to wisdom, and where freedom endures because it is exercised with grace.
The most vibrant marketplace works best when all participants respect the basic rules of commerce: quality, honesty, and mutual benefit. The strongest marketplace is not one without rules, it is one where wise merchants understand that prosperity comes not from what we are free to sell, but from what we choose not to.
Atty. Johnrich L. Loja earned his Juris Doctor from the Ateneo de Manila University School of Law. He wrote “Democratizing Jura Regalia: Revisiting the Contemporary Legal Basis for the Regalian Doctrine’s Blanket Application,” 69 ATENEO L.J. 67 (2024), and co-wrote “Assessing the Constitutionality of Republic Act No. 11576 in Delegating Jurisdiction Allocation in First-Level Courts,” 68 ATENEO L.J. 467 (2023).
He is presently at a private law practice where he has conducted compliance training for corporate clients on legal standards, intellectual property, and labor relations, and has participated in regional workshops on trade compliance in ASEAN member-countries. He is also a lecturer on Intellectual Property, and Media Ethics and Law at the University of Asia and the Pacific.
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