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Question VI

2016 Bar · Political Law · 2 sub-questions

VI. Pornographic materials in the form of tabloids, magazines and other printed materials, proliferate and are being sold openly in the streets of Masaya City. The City Mayor organized a task force which confiscated these materials. He then ordered that the materials be burned in public. Dominador, publisher of the magazine, "Plaything", filed a suit, raising the following constitutional issues:
(a)(a) the confiscation of the materials constituted an illegal search and seizure, because the same was done without a valid search warrant; and
(b)(b) the confiscation, as well as the proposed destruction of the materials, is a denial of the right to disseminate information, and thus, violates the constitutional right to freedom of expression. Is either or both contentions proper? Explain your answer. (5%)

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