Italian Constitutional Court (Corte costituzionale italiana), No. 48/1964, 4 June 1964

Regulation of electoral propaganda and prohibition of the posting of posters outside the reserved spaces.

Art. 21, paragraph 1, Constitution
Art. 1, Law n. 212 of 04/04/1956
Art. 8, paragraph 4, Law n. 212 of 04/04/1956
 

1. The provisions of articles 1 and 8, paragraph 4, of Law no. 212 of 4 April 1956 - which establish, with penal sanctions, that during the electoral campaign the posting of printed matter, wall newspapers etc. and propaganda posters is allowed only in the spaces specifically designated in each municipality - do not infringe the right to freedom of expression (art. They do not infringe the right to freedom of expression (Article 21 of the Constitution) since they merely regulate the exercise of that right by means of rules intended to govern the participation of political parties and citizens in electoral propaganda on conditions of real equality, thus preventing the exercise of democratic life from being hindered by economic disadvantages or minority political situations.
(In the course of criminal proceedings pending before the Lipari Magistrates' Court against Francesco Fusco and Raffaello Scibilia, (In criminal proceedings pending before the Lipari Magistrate's Court against Francesco Fusco and Raffaello Scibilia, accused of having affixed, in conspiracy with one another, electoral propaganda posters outside the spaces set aside for that purpose by the municipal council, the defence pleaded the constitutional unlawfulness of Articles 1 and 8(4) of the Law of 4 April 1956 on the ground that they were contrary to Article 21).