There is a rare judgment that 'flatulence is free expression and not protected'
A man who had been fined about 65,000 yen for flatulence against the police dissatisfied with the fine and insisted in a trial that 'a flatulence falls under basic human rights under freedom of expression.' The judge dismissed this claim and stated that the flatulence was free expression and unprotected. On the other hand, the man is dissatisfied with the decision and intends to appeal.
RIS --Rechtssätze und Entscheidungstext für VGW-031 / 049/13908/2020 --Landesverwaltungsgerichte (LVwG)
Man Fined for Farting On Cop Argues Farts Are Protected Forms of Expression
https://www.vice.com/en/article/z3xb59/man-fined-for-farting-on-cop-argues-farts-are-protected-forms-of-expression
In June 2020, it was reported that a 22-year-old man was fined 500 euros (about 65,000 yen) for flatulent police in Vienna, Austria, and it became a big topic.
The incident happened on June 5, and the reason the man was fined was 'infringement of public dignity.' Viennese police explained that the man was provocative and uncooperative, and that the flatulence was intentional rather than accidental. The police, and 'was apparently deliberately large-scale flatus from seeing the police,' 'Our colleagues do not like to be flatus' commented .
The fined man filed a complaint. The trial was actually held and the decision was made.
The man marked 'Mr. AB' in the court document was talking to a friend in the park. When the police, who were patrolling the park, approached Mr. AB to verify his identity, Mr. AB raised his hips from the bench he was sitting on, strained his body and flatulent. The court document states that Mr. AB grinned at the police after a friend he was with laughed at the flatulence and made a joke.
by Tjflex2 | Flickr
The man who flatulented in the trial claimed that 'the flatulence was unintentional, and even if it was intentional, it falls under the basic human rights guaranteed by freedom of expression.'
However, the judge dismissed the man's claim. Regarding whether or not a flatulence is protected by freedom of expression, the judge said, 'While flatulence belching can be a'socially inappropriate act', it does not include'communication content'. Even if it includes communication content, it will be considered as a form of expression that goes beyond the 'boundary of dignity.'
The judge has shown that flatulence is not guaranteed as freedom of expression, but the fine of 500 euros will be reduced to 100 euros (about 13,000 yen), and it will not remain in the criminal history. It seems that it became.
However, according to the man's lawyer, Matej Zenz, the man is dissatisfied with the ruling and intends to appeal it. 'Fine for flatulence is trivial, and it's a matter of'moral beliefs' for us,' Zenz commented.
Related Posts:
in Note, Posted by darkhorse_log