Josephine Mutzenbacher - The Mutzenbacher Decision

The Mutzenbacher Decision

The Mutzenbacher Decision (Case BVerfGE 83,130) was a ruling of the Federal Constitutional Court of Germany on 27 November 1990 concerning whether or not the novel Josephine Mutzenbacher should be placed on a list of youth-restricted media. However, the significance of the case came to eclipse Josephine Mutzenbacher as an individual work, because it set a precedent as to which has a larger weight in German Law: Freedom of Expression or The Protection of the Youth.

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    Will mankind never learn that policy is not morality,—that it never secures any moral right, but considers merely what is expedient? chooses the available candidate,—who is invariably the devil,—and what right have his constituents to be surprised, because the devil does not behave like an angel of light? What is wanted is men, not of policy, but of probity,—who recognize a higher law than the Constitution, or the decision of the majority.
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