Plaintiffs to appeal Tokyo ruling on ban on minors' election campaigning
In short
Four plaintiffs aged 17 to 20 are appealing a Sept 25 Tokyo District Court ruling that found the ban on minors' election campaigning unconstitutional but dismissed their damages claim against the state. Mainichi Shimbun reported they plan to file the appeal with the Tokyo High Court on Oct 7, when they will also hold a press conference. The plaintiffs say they are aiming for a Supreme Court constitutional judgment and want to link the case to revision of the election law.
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Four plaintiffs aged 17 to 20 who sued the state over the Public Offices Election Act's restrictions on minors' election campaigning have decided to appeal a Tokyo District Court ruling that dismissed their damages claim, according to NHK News, Sankei Shimbun and Mainichi Shimbun. Sankei Shimbun reported on Oct 5 that the plaintiffs' side would hold a press conference on Oct 7, and Mainichi Shimbun reported they plan to file the appeal with the Tokyo High Court the same day. Mainichi reported the plaintiffs are seeking what it described as a complete victory, including state liability for damages. [ 1 , 2 , 4 ]
The Sept 25 ruling found the provision that bans minors' election campaigning with criminal penalties unconstitutional, calling it “a serious restriction on the spiritual freedom of expression” in violation of Article 21 of the Constitution and saying its penal provisions “lack rationality”, according to Sankei Shimbun and Mainichi Shimbun. The court separately upheld as constitutional the provision banning third parties from using minors in election campaigning, saying it was necessary from the standpoint of protecting minors, the two outlets reported. Mainichi reported the court said the legislative aims of ensuring fair elections and protecting minors could be achieved without a blanket ban. The court declined to find the state liable for legislative inaction and rejected the claim for 100,000 yen per plaintiff in damages, Sankei and Mainichi reported. [ 2 , 4 ]
The blanket ban was introduced in a 1952 amendment to the election law, and the district court ruling was the first judicial judgment on the provision, according to Sankei Shimbun and Mainichi Shimbun. Mainichi reported the law sets penalties of up to one year's imprisonment, now confinement, or a fine of up to 300,000 yen, with the same penalties applying to third parties who use minors in campaigning. The plaintiffs argue both provisions are unconstitutional because political freedom of expression is a particularly important constitutional right; the state argued that minors could be used as manpower in elections and could be drawn into campaigning because they lack sufficient judgment, according to Mainichi. [ 2 , 4 ]
Sankei Shimbun reported that the plaintiffs' side is keeping in view obtaining a constitutional judgment from the Supreme Court and says it wants to “link it to law revision”. [ 2 ]
Why it matters
The appeal takes the first judicial test of the election law's blanket ban on minors' campaigning to a higher court, and the plaintiffs say they want a Supreme Court constitutional ruling and a change in the law. The district court found the campaigning ban unconstitutional while upholding a separate provision on third parties' use of minors, so the legal status of the two provisions is still to be settled. The case concerns how far minors can take part in political expression under Japanese law.
Key facts
- Four plaintiffs aged 17 to 20 sued the state over Public Offices Election Act provisions on minors' election campaigning, seeking damages of 100,000 yen each. [ 2 , 4 ]
- The Tokyo District Court ruled on Sept 25 that the provision banning minors' election campaigning is unconstitutional, but upheld as constitutional the provision banning third parties from using minors in campaigning. [ 1 , 2 , 4 ]
- The court rejected the damages claim and did not recognise legislative inaction by the state. [ 2 , 4 ]
- The plaintiffs' side decided to appeal; Sankei Shimbun and Mainichi Shimbun reported a press conference on Oct 7 and that the appeal is planned for the same day. [ 1 , 2 , 4 ]
- The law sets penalties of up to one year's imprisonment, now confinement, or a fine of up to 300,000 yen, with the same penalties for third parties who use minors in campaigning. [ 4 ]
- The blanket ban was introduced in a 1952 amendment to the election law, and the district court ruling was the first judicial judgment on it. [ 2 , 4 ]
Confirmed by several sources
- The plaintiffs decided to appeal the Tokyo District Court ruling. [ 1 , 2 , 4 ]
- The Sept 25 ruling found the ban on minors' election campaigning unconstitutional while upholding the provision on third parties' use of minors. [ 2 , 4 ]
- The district court ruling was the first judicial decision on the provision since it was introduced in the 1952 amendment. [ 2 , 4 ]
Still unclear
- Whether the case will reach the Supreme Court and how it would be decided. Sankei Shimbun reports the plaintiffs' side has a Supreme Court constitutional judgment in view, but no document says the top court will hear the case or how it would rule.
- Whether the appeal had actually been filed as of the reports. The documents describe an appeal plan (方針) and a scheduled Oct 7 filing and press conference, not a completed filing.
- The amount of damages sought. Only Sankei Shimbun gives the figure of 100,000 yen per plaintiff; the other documents refer to the damages claim without an amount.
What local media are saying
Timeline, local time
- NHK News reports the plaintiffs and their legal team have decided to appeal the Tokyo District Court ruling. [ 1 ]
- Sankei Shimbun reports the plaintiffs will appeal and will hold a press conference on Oct 7, saying they want to link the case to law revision. [ 2 ]
- Mainichi Shimbun reports the four plaintiffs plan to file the appeal with the Tokyo High Court on Oct 7. [ 4 ]