Facts
The City of Zurich issued regulations on the temporary use of public land, which prohibited the distribution of printed matter for commercial purposes. The Church of Scientology Zurich distributed personality tests and flyers on public land, which were intended to encourage the purchase of books and seminars. The City of Zurich prohibited this as unauthorized advertising activity. The Church of Scientology unsuccessfully appealed against this up to the Federal Court.Considerations
The Federal Court decided that the distribution of the printed matter by the Church of Scientology is not covered by the protection of freedom of religion, as the primary purpose of the distribution was the commercial distribution of courses and books, without the religious proselytizing goal being clearly recognizable. Therefore, the distribution was classified as economically motivated advertising activity, which is subject to the regime of public common use.
However, the Federal Court considered the general prohibition on the distribution of advertising material on public land to be a disproportionate restriction of the freedom of trade and industry. A…