After a court in Munich, the Higher Administrative Court in Saxony now also bans right-wing extremist propaganda posters against the Greens – and corrects a decision from the first instance.
The “Hang the Greens” election posters of the right-wing extremist micro-party The Third Way must be dismantled. That was decided by the Saxon Higher Administrative Court (OVG) Bautzen on Tuesday.
It classified the posters as sedition. The OVG agreed with the city of Zwickau, which had taken an injunction against the posters (Ref .: 6 B 360/21). The posters posed a threat to public safety, the court said. On the other hand, public order offices may proceed according to the Saxon Police Authority Act. Parties are allowed to express criticism in exaggerated and polemical form – this freedom of expression is protected by the Basic Law. But that has limits if there are serious criminal offenses, it said.
The court stated that the motive fulfilled “the objective fact of sedition.” The slogan refers to the party The Greens. A second sentence on the posters does not change that. In much smaller script it says: “Make our national revolutionary movement known in town and country through poster advertising in our party colors.” This sentence is not noticed by the majority of viewers. According to the court, the poster is suitable for disrupting public peace by inciting hatred and attacking the human dignity of members of the Greens.
The OVG thus judged the matter differently than the Chemnitz Administrative Court previously. It had decided in the first instance that the posters could be left hanging, albeit at a distance of 100 meters from the election palacts of the Greens. The decision of the OVG is final. The posters had appeared in Saxony and Bavaria. The district court Munich I had prohibited the third way on Friday by an injunction from using the slogan publicly.
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