Posters: Administrative lawyer: “Hang the Greens” posters ambiguously

Posters: Administrative lawyer: “Hang the Greens” posters ambiguously

The outrage about the “Hang the Greens” posters is unanimous, but the legal assessment is not at all. It will probably take some time until a final decision is reached.

The legal decision on the «Hang the Greens» posters of the right-wing extremist «III. Wegs »will drag on, according to constitutional lawyer Jochen Rozek.

The core problem is the ambiguity of the motif that the splinter party had first posted in Zwickau, said the professor at the University of Leipzig. The posters are made with care. Whoever designed this motif knows the jurisprudence.

The ambiguity results from the second sentence, which is written in a smaller font under the call “Hang the Greens!” is to be read. It reads «Make our national revolutionary movement known in town and country through poster advertising in our party colors!»

The first sentence can be understood as an invitation to hang the members or supporters of the Greens. So you could see it as an appeal for murder, said Rozek. The second sentence says, however, that the hanging of posters of «III. Wegs »is meant, who actually also has green as the party color. Without that second sentence, the matter would be clear, said Rozek.

In contrast, the case for the Federal Government’s Eastern Commissioner, Marco Wanderwitz (CDU), is clear. It is an “unequivocal appeal
to violence to murder, ”he told the ARD“ Tagesthemen ”. The reaction of the constitutional state could not be “that these posters get stuck”.

Rozek said, however, that with the order to have the posters removed, the city of Zwickau had been granted freedom of expression by the «III. Wegs »intervened. According to the constant jurisprudence of the Federal Constitutional Court, this is only permissible if the second, harmless interpretation can really be ruled out “with reasonable grounds”.

The courts would have to deal with both interpretations. All possible aspects could play a role in the examination – for example the different letter sizes of the sentences on the poster, said Rozek.

The decision as to whether the posters are purely a call for murder or whether they are ambiguous enough to be legally valid will probably only be made in the main proceedings, said Rozek. The administrative court in Chemnitz had initially only decided in an urgent procedure that the posters could be hung, even if only at a distance of 100 meters from posters of the Greens. The city of Zwickau, on the other hand, wants to lodge a complaint with the Higher Administrative Court in Bautzen.

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