OPINION: Free speech PROTECTS disrespect of FLAG, national anthem

Recently, a Filipino transgender went viral on the Internet for insulting the national anthem of the Philippines, "Lupang Hinirang." In the video, Maria Sofia Love is seen playing the anthem while doing a salute near her sexual organ and dancing in a disrespectful manner.

Netizens have expressed the view that Maria violated the law and should be jail. Republic Act (RA) 8491 is the law that governs this issue and said act provides the following penalty: "Section 50. Any person or judicial entity which violates any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than Five thousand pesos (5,000.00) not more than Twenty thousand pesos (P20,000.00), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, at the discretion of the court: Provided, That for any second and additional offenses, both fine and imprisonment shall always be imposed: Provided, That in case the violation is commited by a juridical person, its President or Chief Executive Officer thereof shall be liable."
Despite this, Project Jurisprudence believes that Maria should not be fined or imprisoned since what she has done is in the exercise of her freedom of expression enshrined under the Constitution. Patriotism is a purely personal obligation which the State cannot impose upon any individual and disrespect of the national flag or the national anthem is protected speech. #