Apology for Fascism: Analysis of Judgment No. 37859 of 2024

Judgment No. 37859 of June 28, 2024, filed on October 15, 2024, represents a significant step in the fight against the apology of fascism in Italy. In this case, the defendant, F. P., was convicted for using videos and photographs to promote a declaredly fascist movement, encouraging "comrades of the network" to join and participate in rallies of this kind. This judgment leads us to reflect on the balance between freedom of expression and the protection of democratic values.

The Legal Context of the Judgment

The crime of apology for fascism is governed by Law of June 20, 1952, No. 645, Article 4, which punishes conduct of propaganda and glorification capable of procuring adherence to the dissolved fascist party. The Court reiterated that to establish the crime, it is necessary to demonstrate a concrete danger of reconstitution of the fascist party, a condition that the defendant's conduct clearly met.

Apology for fascism - Conduct - Concrete danger of reconstitution of the fascist party - Necessity. The crime of apology for fascism postulates conduct of propaganda and glorification that is concretely capable of procuring adherence and consent functional to the reconstitution of the dissolved fascist party. (Case in which the Court confirmed the conviction of the defendant, depicted in videos and photographs, subsequently published "online," addressing "comrades of the network," inviting them to join a movement defined as "fascist" and to participate in a rally of the same movement).

Implications of the Judgment

The decision of the Court of Cassation underscores the importance of monitoring and repressing any attempt to reconstitute totalitarian ideologies. By analyzing the case, we can identify some key interpretations:

• Freedom of Expression: The judgment clarifies the limits of freedom of expression, highlighting that it is not absolute when it comes to ideologies that threaten democratic values.
• Digital Responsibility: The use of online platforms to spread fascist propaganda messages is particularly insidious and requires careful regulation.
• Jurisprudential Precedents: Previous rulings, such as those from 2021 (No. 11576) and 2014 (No. 40629), strengthen the Court's position, creating an important legal precedent.

Conclusions

Judgment No. 37859 of 2024 not only reiterates the conviction for apology of fascism but also the urgency of maintaining vigilance on these issues, especially in an era where extremist ideologies can proliferate through social media. It is essential for civil society and institutions to work together to prevent the repetition of historical errors, thereby protecting democratic values and human dignity.