Feb 26 • 05:05 UTC 🇯🇵 Japan Asahi Shimbun (JP)

Removal of "Tatekans" at Kyoto University, Second Trial Also Does Not Recognize Unconstitutionality, Dismisses Staff Union's Claim

Kyoto University has had a court ruling upheld that dismissed claims from its staff union asserting the removal of outdoor signs infringes on freedom of expression.

Kyoto University has been in a legal battle over the removal of outdoor signs, known as "tatekans," around its Yoshida campus. The university's staff union argued that this removal infringes on freedom of expression and sought 5.5 million yen in damages from the university and the city. However, on October 26, the Osaka High Court upheld a prior ruling from the Kyoto District Court, which dismissed the union's claims, stating that the regulations imposed on the signage were not excessive and served necessary purposes.

The staff union contended that the "tatekans" represent a cultural element of Kyoto University, providing space for expression and the exchange of opinions. They claimed that the removal without consideration for their value was unconstitutional. Despite these assertions, the courts found that the regulations by the city, which were aimed at maintaining landscape aesthetics and preventing hazards from potentially toppling signs, were appropriate and did not infringe on constitutional rights.

The conflict traces back to actions taken by the city in 2017 following concerns regarding numerous signs erected by the union and individuals, primarily related to safety and aesthetics under the outdoor advertisement regulations. The university complied with administrative guidance and removed the signs in May 2018. This court ruling emphasizes the balance between freedom of expression and regulatory measures for public safety and urban aesthetics, particularly in educational environments.

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