Tokyo Bar Association President Calls for Repeal of Flag-Desecration Law One Day Before It Takes Effect, Calling It "Destined to Be Ruled Unconstitutional"
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The Tokyo Bar Association, led by President Osamu Ishihara, issued a statement on August 12, 2026, one day before a law criminalizing the desecration of the national flag was set to take effect on August 13, calling for the law's prompt repeal on the grounds that it is "destined to be ruled unconstitutional and void" by the Supreme Court. According to a report by Bengoshi.com News, the statement also strongly urged investigative and prosecutorial authorities not to subject any expressive act involving the flag to investigation, arrest, referral, indictment, or any other criminal procedure.
The statement argued that using one's own flag to criticize the state, the government, or its policies constitutes "political expression at the core of freedom of expression." It contended that punishment justified on the grounds of protecting "the public's affection for the flag" amounts to regulation targeting the content of expression itself, and could not withstand strict constitutional scrutiny. It also criticized the law's standard of causing "significant discomfort or aversion" as varying by individual perception and thus violating the principle of legality in criminal law. Other bar associations, including the Japan Federation of Bar Associations and the Kanagawa Bar Association, have issued similar statements opposing the law.
Current status: The law is expected to take effect on August 13, and how it will be enforced in practice, as well as whether a lawsuit challenging its constitutionality will actually be filed, remain unclear as of this writing. This article will be updated as further details emerge.