Ienaga Textbook Screening Lawsuits, 1965-1997: An Overview

First Lawsuit for damage

  1. In 1965 Professor Saburo Ienaga of Tokyo University of Education filed a civil suit at the Tokyo District Court seeking compensation for damages from the government (Minister of Education) for not approving his textbook in the Ministry’s screening process. He argued that the screening system was unconstitutional and illegal. In the ruling, which was made 9 years later (in 1974), I enaga partially won the case.

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  2. Both Ienaga and the government appealed to the Tokyo High Court which gave a ruling in 1986 affirming the Ministry’s. screening system, i.e., Ienaga lost the case.

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  3. Ienaga appealed to the Supreme Court, which gave a ruling in 1993. Ienaga lost the case.

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Second Lawsuit for the retraction of screening decision
  1. In 1967 Professor Ienaga filed an administrative suit seeking retraction of the negative decision given to his textbook. In 1970 Judge Sugimoto at the Tokyo District Court ruled that the screening decision made with respect to his textbook was unconstitutional and ordered its repeal.

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  2. The Minister of Education appealed the case. In 1975 the High Court gave a ruling recognizing Ienaga’s claim and the illegality of the screening decision.

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  3. The Minister appealed the case to the Supreme Court. In 1982 the Court gave a ruling rejecting the High Court ruling of 1975. The case was referred back to the High Court for a technical reason.

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  4. In 1989 the High Court ruled that there would be "no benefit for pursuing the suit", as a result the case was closed without a definite ruling on the textbook screening system itself.

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Third Lawsuit for damage
  1. In 1984 Professor Ienaga again filed a civil suit at the Tokyo District Court. In this suit Ienaga sought compensation for the rejection of some portions of his textbooks in the Ministry’s screening in 1980, 1982 and 1983. In the ruling of 1989 most of the Ministry’s arguments were accepted.

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  2. Both Ienaga and the Ministry appealed to the High Court, which gave a ruling in 1993. The court decided that the Ministry’s screening comments on the Massacre and rapes by the Japanese military in Nanking were wrong and illegal.

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  3. Ienaga appealed to the Supreme Court in regard to other screening comments. An oral hearing will be held at the Small Bench of the Supreme Court (with 5 judges) on July 18 and a decision will possibly be made by the end of August 1997.

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