EDITORIAL: Ruling on SDF leaflet

In January 2004, when Self-Defense Forces troops were being deployed to Iraq amid chaos triggered by the war, three people, all members of a citizens group, distributed leaflets to units in a housing compound in Tachikawa, western Tokyo, that belonged to the former Defense Agency.

The leaflets said: "To SDF personnel and families: We are against the SDF deployment to Iraq! Let's think together and express opposition (to the deployment)!" Two of the three citizens distributed different leaflets in February as well.

In response to a report from someone in the compound, police arrested the three on suspicion of trespassing.

Then, police handling of the case became extraordinary. Even after indictment, the three activists were not released on bail. Instead, they were held in detention for 75 days.

This police investigation smacked of a targeted crackdown by the authorities against any movement that opposed the SDF deployment to Iraq.

During their trial, the three defendants contended that bringing a criminal charge of intrusion against someone who has done nothing but distribute leaflets violates the Constitution, which guarantees freedom of expression. The Supreme Court, however, rejected that argument Friday in its ruling.

The Constitution doesn't guarantee unlimited freedom of expression, the top court said.

The SDF housing complex is not a place that offers free access to the public. So, the ruling said, entering the premises against the wishes of the manager of the facility disturbs the peace of the residents' private lives.

The top court's decision upheld the fines of 100,000 yen to 200,000 yen slapped on the three defendants in a lower court ruling.

Around the time when they distributed the leaflets, public opinion was sharply divided over the SDF mission in Iraq, with much debate over the issue put forward. It is likely true that many of the SDF personnel and their families at the housing complex were disturbed or annoyed when they found the leaflets opposing the SDF deployment to Iraq in their newspaper boxes at their apartments. And it is hardly surprising that strangers entering the compound without obtaining permission would make residents uneasy.

The activists should have distributed the leaflets in less intrusive ways, such as putting them in the mailboxes on the ground floor of the buildings or handing them out on the public streets in front of the buildings.

However, none of that merited the harsh treatment they received--immediate arrests, more than two months of detention without bail and criminal charges.

We are greatly disappointed at the Supreme Court ruling, which effectively endorsed and took no issue with an investigation and prosecution that far overstepped the bounds of common sense.

We fear the top court decision may serve as a powerful disincentive to anyone considering distributing leaflets for causes of any kind. This ruling narrows the means available for people to communicate alternative opinions. It will undermine the vitality of the nation's democracy.

The ruling came on top of a recent series of events that raised disturbing concerns about freedom of speech and expression in this country.

Amid the growing controversy over director Li Ying's documentary "Yasukuni," which describes people and events linked to the Shinto shrine in Tokyo dedicated to the nation's war dead, including war criminals, several theaters have decided not to screen the film in fear of a rightist backlash. A hotel in Tokyo canceled a reservation by the Japan Teachers Union for a meeting of its members in violation of a contract, citing the likelihood that rightist groups would stage noisy protests nearby with loudspeaker vans.

A society can't be called democratic if its people cannot speak and express opinions freely. A democratic society requires its members to be tolerant of all opinions, whether people disagree with them or not. We must be willing to listen to all people.

Such tolerance and open-mindedness are of vital importance for the health of our society.

--The Asahi Shimbun, April 12(IHT/Asahi: April 15,2008)