Italian Obscenity Case

Constitutional Case No. 368/1992 (1992)

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Italian Obscenity Case

Italy Constitutional Court
Constitutional Case No. 368/1992 (1992)

Facts

The Italian government prosecuted a defendant under Article 528 of the Italian Penal Code for possessing a video cassette with obscene, pornographic images. The defendant kept any obscene cassettes separate from other cassettes in his possession and sold obscene cassettes only to individuals who requested the pornographic cassette. The trial judge concluded that although the Italian Constitution guaranteed individual liberties, the law also emphasized a standard of common decency. According to the trial judge, this sentiment of common decency protected individuals from the discomfort of interacting with pornographic content against one’s will. The trial judge concluded that Article 528 violated the constitution because the law punished the possession of pornography. Based on this conclusion, the Magistrate of Macerata sent a constitutional question to the Italy Constitutional Court. The magistrate asked whether Article 528 of the Penal Code violated Articles 2, 3, 13, 21, 25, and 27 of the Italian Constitution.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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