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Under this test, when particular conduct is regulated in the interest of public order and the regulation results in an indirect, conditional, partial abridgment of speech, the duty of the courts is to determine which of the two conflicting interests demands the greater protection under the particular circumstances presented.
First, Soriano actually exercised some restraints in the sense that he did not use the vernacular word for the female sexual organ when referring to it, which word even the published opinions of the Court avoided despite its adult readers. And, instead of using the patently offensive vernacular equivalent of the word “fuck” that describes the sexual act in which the prostitute engages herself, he instead used the word “gumagana lang doon yung ibaba” or what functions is only down below.
A policy that places these ordinary descriptive words beyond the hearing of children is unrealistic and is based on groundless fear.