Federal Minister of the Interior Nancy Faeser had banned the right-wing extremist magazine “Compact”. However, following a court decision, the paper is allowed to continue publishing for the time being. The editor-in-chief is triumphant.
For Federal Minister of the Interior Nancy Faeser (SPD), this decision by the Federal Administrative Court is a defeat: The court in Leipzig has temporarily suspended the ban on the right-wing extremist “Compact” magazine that she had ordered in an expedited procedure. This means that the paper can be published again for the time being. A final decision will be made in the main proceedings.
The court expressed doubts about the proportionality of the ban and emphasized the importance of freedom of the press. Since Faeser’s ban would have led to an immediate closure of “Compact’s” entire print and online offering, the fundamental right to freedom of the press is particularly important, explained the federal judges. As long as a final decision has not been made on the lawsuit, the media company can continue its operations.
Prohibition based on the Association Act
Faeser banned “Compact” on July 16 on the basis of the Association Act. She justified the action by saying that the paper was a “central mouthpiece of the right-wing extremist scene”. The ban shows “that we are also taking action against the intellectual arsonists who are stirring up a climate of hatred and violence against refugees and migrants and who want to overthrow our democratic state”. There were also searches in several federal states at the time.
“Compact” had filed a lawsuit and an urgent application against the immediate enforcement of the ban. The Federal Administrative Court is the first and last instance for lawsuits against bans on associations. The court has now decided on the urgent procedure.
Court considers prospects of success of the lawsuit to be open
The court is examining the chances of success of the lawsuit “summarized.” The Federal Administrative Court said that these appear to be open. It is currently not possible to make a final assessment as to whether the magazine meets the grounds for the ban – that it is directed against the constitutional order.
The publications do indeed contain “indications of a violation of human dignity”. Many of the articles also reveal “a combative and aggressive attitude towards elementary constitutional principles”. However, there are doubts as to whether all of this is so significant that a complete ban on “Compact” is justified in terms of proportionality. Milder measures, such as press law measures or bans on events, may be appropriate here.
Editor-in-chief Jürgen Elsässer announced that he would like to resume work quickly. “We can now continue working in peace for at least two to three years,” he said on Platform X. It was the greatest triumph in post-war history. “Compact is alive!”
The decision from Leipzig was also welcomed by the AfD. “The Federal Administrative Court has broken a lance for press freedom and dealt the Federal Minister of the Interior a huge slap in the face,” said Bundestag parliamentary group leader Alice Weidel, according to a statement from her group.
Ministry adheres to its legal opinion
“The Federal Ministry of the Interior has comprehensively justified the anti-constitutional, aggressive and combative actions of “Compact-Magazin GmbH” in the ban order and supported this with comprehensive evidence from the security authorities,” a spokeswoman for the ministry said after the court’s decision was published. It will further comprehensively explain its legal opinion for the ban in the main proceedings and “further substantiate the defining character of the anti-constitutional nature.”
The evidence secured during the searches ordered by the judge will also continue to be included in the proceedings and is currently being evaluated by the ministry. The association has close ties to the right-wing extremist Identitarian Movement and the right-wing extremist party spectrum, said the spokeswoman. This is shown, among other things, by the mutual participation in and support of events.
German Journalists Association: Commitment to press freedom
The German Journalists’ Association (DJV) called the Federal Administrative Court’s decision a clear commitment to the fundamental right of freedom of the press. “This makes it clear that the Compact ban was a political hasty decision that backfired today,” said DJV Federal Chairman Mika Beuster. “I would welcome it if the Federal Minister of the Interior led her justified fight against right-wing extremism while respecting the fundamental rights enshrined in law.”
In the ban order, the Federal Ministry of the Interior stated: “It is to be feared that recipients of the media products will be incited by the publications, which also openly propagate the overthrow of the political order, and encouraged to act against the constitutional order.”
As part of the ban, searches were carried out in several federal states. According to the court ruling, the evidence seized, including computers and other technology, can now be evaluated. However, the items must be released within a week, a spokesman said. It is not yet clear when the final decision on the lawsuit will be made.
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
