In rejecting the appeal by three former teachers who argued they were banned from working part time after retirement for refusing to stand up and sing the national anthem, the Tokyo High Court unwittingly affirmed that students possess more free speech rights. At least that's how the ruling will likely be interpreted in Japan.
The ruling stems from the decision by the Tokyo District Court in 2009 involving a suit originally filed by 172 Tokyo public school teachers who claimed they were being punished for refusing to stand and sing the "Kimigayo" anthem at school ceremonies. Although the court acknowledged at the time that the order might "go against the plaintiffs' freedom of thought and conscience," it is "rational" to ask them as public servants to engage in uniform activities at school ceremonies.
It's unclear whether students in public schools in Japan would be required to participate, or whether their free speech rights also expire when they step on school grounds. That distinction is less ambiguous in the United States as a result of several court decisions over the years. Several lessons emerge that have direct relevance to events in Japan.
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