Censorship
Center

It is the intent of the aforementioned decision of the Supreme Court of Japan on March 13, 1957 that freedom of publication and other forms of expression and academic freedom are extremely important foundations of democracy, but that they are not absolutely unlimited, and their abuse is prohibited and subject to restrictions on public welfare. In addition, even with respect to documents of artistic or ideological value, if they are obscene, the maintenance of order and sound morals in sexual life, as well as freedom of publication, freedom of expression and academic freedom, are extremely important foundations of democracy, but they are not absolutely unlimited, and their abuse is prohibited and subject to restrictions on the public welfare. It is the intent of the aforementioned decision of the Supreme Court of Japan on March 13, 1957, that they are subject to the limitations of public welfare. In addition, even with respect to documents of artistic or ideological value, if they are obscene, it is recognized that it is in the interest of the whole of national life to subject them to punishment in order to maintain order and healthy public morals in relation to sexual life. Therefore, it cannot be said that this is a violation of Articles 21 and 23 of the Constitution. In the case of the violation of Article 21 and Article 23 of the Constitution, the punishment of the offender is in line with the interests of the people as a whole, and therefore cannot be said to be in violation of Article 21 and Article 23 of the Constitution.

However, it is undeniable that, despite the existence of such changes in social conventions regarding sexuality, and the fact that such changes are currently taking place, there are certain norms that are recognized and generally adhered to in all societies as having insuperable limits. This is the principle of non-public sexual activity mentioned earlier. As far as this point is concerned, there has not been such a drastic change in social conventions that what was once considered obscene is no longer generally recognized as obscene today. Even if the ethical sensibilities of a significant number of people have become numb and they do not recognize what is truly obscene as obscene, the courts must protect society from moral decadence in accordance with the norms of common sense, which are the ideas of healthy people with good judgment. The law and the courts do not always affirm social realities, but must take a critical attitude toward the corruption of disease and play the role of a clinician.

第二十一条集会、結社及び言論、出版その他一切の表現の自由は、これを保障する。 Article 21.Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

5:19 Now the works of the flesh are obvious, which are: adultery, sexual immorality, uncleanness, lustfulness,
5:20 idolatry, sorcery, hatred, strife, jealousies, outbursts of anger, rivalries, divisions, heresies, 5:21 envyings, murders, drunkenness, orgies, and things like these; of which I forewarn you, even as I also forewarned you, that those who practice such things will not inherit the Kingdom of God.