Photo/Illutration Two plaintiffs, center, and their lawyers hold a news conference following the Supreme Court’s decision on Aug. 20 in Sapporo. (Kohei Uwabo)

SAPPORO—The Supreme Court’s First Petty Bench rejected the appeals of both the Hokkaido prefectural government and a male plaintiff on Aug. 19 in a freedom of expression case involving the heckling of then-Prime Minister Shinzo Abe in 2019. 

This concludes a multiyear legal battle where the man and co-plaintiff Kio Momoi demanded a total of 6.6 million yen ($45,400) in damages from the Hokkaido prefectural government.

While the male plaintiff lost his appeal, this finalized the Sapporo High Court's ruling in favor of Momoi.

The case stems from a July 15, 2019, incident where police officers removed both from an Upper House election rally in Sapporo for heckling Abe during a speech.

The Sapporo High Court recognized Momoi's removal as an infringement of freedom of expression guaranteed by the Constitution and ordered the Hokkaido government to pay her 550,000 yen in compensation.

According to the lower courts’ rulings, the two shouted, “Abe, resign!” and “No tax hikes” at Abe as he spoke in front of JR Sapporo Station and other locations.

Nearby police grabbed them by their shoulders and arms, forcing them to move. Momoi was then followed by police officers for a long time.

In March 2022, the Sapporo District Court ruled that the plaintiffs' actions did not necessitate being kicked out or restrained by officers under the law regarding execution of police duties.

The court found that the actions of the police violated freedom of expression and ordered the prefectural government to pay a total of 880,000 yen in compensation.

In June 2023, the Sapporo High Court, like the Sapporo District Court, ruled that removing Momoi was illegal because it was an infringement of her freedom of expression.

As for the man, the Sapporo High Court observed there was a concrete risk that he would invite trouble from the audience, who were upset by his shouting.

The court also noted that the man ignored the officers’ warnings and continued to yell, leading to its ruling in favor of the police officers' actions.

Both the prefectural government and the male plaintiff appealed.

However, in this latest decision, the Supreme Court’s First Petty Bench found that there was no constitutional violation or other grounds for an appeal.

This finalized the Sapporo High Court’s decision, meaning that Momoi had prevailed. 

Momoi, now 29, held a news conference on Aug. 20 in Sapporo and said, “I am relieved that my claim was accepted.”

However, she added, “I still don’t understand why there are different judicial decisions about my conduct and the male plaintiff’s conduct.”

The man, now 36, also attended the news conference and said, “I am disappointed, but I am not pessimistic,” pointing out that throughout the trial that "the important part, the freedom to yell, was acknowledged." 

A Hokkaido prefectural police representative also commented on the Supreme Court's decision, acknowledging that its argument was not accepted and denying that it removed the protesters based on their political opinions.

“We will continue to perform our duties in an unbiased, fair, and neutral manner in accordance with the law so as not to arouse suspicion,” the police representative said. 

(This article was written by Kohei Uwabo and Chifumi Shinya.)

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