NCJ Number
129232
Journal
Law and Contemporary Problems Volume: 53 Issue: 1 and 2 Dated: special issue (Winter/Spring 1990) P 39-69 (N 2)
Date Published
1990
Length
31 pages
Annotation
The institutional, social context, and constitutional provisions for freedom of expression in Japan are discussed as well as judicial holdings of freedom of assembly and association, the expression rights of workers, and the freedom of the mass media in Japan.
Abstract
Freedom of expression is examined as a critical test of constitutional democracy which Japan has had with the 1947 constitution. The Meiji constitution encouraged silence because of the power of the Emperor. The 1947 constitution's provisions on freedom are discussed in detail, listing the various Articles of the constitution and what they say. The focus then shifts to Japan's society; government and freedom for a social contextual study of the significance of the freedom of expression in Japan's society today. Several judicial decisions on freedom of assembly and association are presented and discussed. The expression rights of employees are addressed with some Japanese Supreme Court cases discussed as they supported this right. The rights of mass media and its responsibilities are discussed in light of four areas: defamation, privacy, and press freedom; mass media freedoms and information rights; secrecy and press freedom; and courtroom note-taking and reporters clubs. History textbooks and nationalism are briefly addressed and a discussion of freedom and community in constitutional cultures concludes the article. 132 notes