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Is a flash mob protected free speech? The Japanese courts will decide.

A flash mob, according to Wikipedia, is a group of people who assemble suddenly in a public place, perform an unusual and seemingly pointless act for a brief time, then quickly disperse, often for the purposes of entertainment, satire, and artistic expression. Even if you’ve never seen one in person, you’ve probably watched a viral video of one, like this oddity from New York performance group Improv Everywhere.

Given the performative nature of flash mobs, they often take place in public areas. And given the importance of the element of surprise, organizers rarely if ever apply for permits in advance, as would be required for a political rally, for example. So what happens when your flash mob has a political message? Are you breaking the law? A Japanese court is being asked to decided that question.

This all started back in February, when a group called Mothers’ Action for Peace and Democracy organized a flash mob outside of Ebina Station in Kanagawa. About 10 similarly dressed participants moved around the elevated walkways surrounding the station, holding signs protesting Prime Minister Shinzo Abe. For a few minutes at a time, they would strike mannequin-like poses and then move on to another location. This went on for about an hour.

The following month, Ebina mayor Masaru Uchino, an independent, issued an interdiction against similar “performances” on the grounds that they violated city ordinances banning gatherings and demonstrations on the public walkways. It set a fine of 5000 yen (about US$48) for violations.

In response, a collection of city councilpeople and members of the group filed a lawsuit at the Yokohama District Court this week, claiming that the city was infringing on their right to free speech. They say that the modest size of the flash mob means it does not fit the definition of a gathering or demonstration and that it did not impede pedestrian traffic. According to Japan’s Road Traffic Act, says the group’s lawyer, if a gathering does not significantly impede traffic, it must be allowed.

Reactions to the case on social media are mixed.

“This isn’t freedom of expression, it’s an anti-government demonstration, so of course they have a right to regulate it.”
“Repealing these traffic regulations would cause trouble for us all. I wish they would stop.”
“Good luck, flash mobbers! If we give up here, they will snatch away more of our rights to gather and express ourselves!”
“If you have a political intent, gather some people and appeal to the public, it’s always going to be seen as a demonstration.”

So now it’s up to the courts to decide what exactly constitutes a flash mob and whether it is protected free speech.

What say you, Rocketeers?

Sources: Naver Matome, Gadget Tsuushin, Asahi Shinbun
Top photo: YouTube/Sakae Ishikawa