THE COURT OF APPEALS TODAY CANCELLED FINES METED OUT TO TWO MEMBERS OF THE SWISS FRONTIST (NAZI) ORGANIZATION UNDER ARTICLE 14 OF THE CANTONAL CODE, WHICH PROHIBITS “TRASH LITERATURE,” FOR DISTRIBUTING COPIES OF “THE PROTOCOLS OF THE ELDERS OF ZION.”
THE COURT CONFIRMED THAT THE “PROTOCOLS,” PURPORTED RECORD OF A JEWISH PLOT FOR WORLD DOMINATION, WAS A FORGERY AND “TRASH,” BUT RULED THAT IT DID NOT CONSTITUTE “TRASH” IN THE SENSE OF THE LAW, WHICH IT HELD AIMED AT PROTECTING YOUTH FROM OBSCENE LITERATURE AND THUS WAS INAPPLICABLE TO POLITICAL INCITEMENT. THE DECISION ASSERTED THAT IT WAS NOT THE DUTY OF THE COURTS TO PROTECT THE STATE FROM POLITICAL INCITEMENTS, HOLDING THAT THIS WAS AN OBLIGATION OF OTHER GOVERNMENTAL AGENCIES.
THE COURT DENIED, HOWEVER, THE APPELLANTS’ RIGHT TO CLAIM DAMAGES AND COSTS FROM THE JEWISH COMMUNITY, PLAINTIFF IN THE CASE, SINCE THEY HAD BEEN GUILTY OF DISTRIBUTING THE “PROTOCOLS.” APPELLANT FISCHER WAS ORDERED TO SHARE COURT COSTS WITH THE STATE.
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