Facts
Ms. Clothilde Aleinick distributed a four-page photocopied leaflet to the workers of the "Société genevoise d'instruments de physique" (SIP) in front of the factory entrance, without having obtained the prior authorization required by the Geneva regulations. She was fined by the Contraventions Service, then by the Police Court and the Court of Justice of the Canton of Geneva, for having violated this authorization requirement. Ms. Aleinick appealed to the SCC, alleging a violation of freedom of expression, freedom of the press and freedom of assembly.Considerations
The SCC upheld the appeal and annulled the contested decision. It considered that the leaflet distributed by Ms. Aleinick constituted a "printed product" within the meaning of Art. 55 Cst. and therefore benefited from the protection of freedom of the press. The requirement of prior authorization for the free distribution of such printed matter on public roads is not compatible with this freedom, which excludes prior censorship.
Furthermore, the freedom of expression, an unwritten federal constitutional right, must take precedence…