Extremism: Federal Supreme Court negotiates on the ban on “Compact” magazine

From today (10 a.m.), the Federal Administrative Court in Leipzig will examine whether the ban on the right -wing extremist magazine “Compact” is justified. In the urgent procedure, the judges had temporarily suspended the ban, so that the leaf can continue to appear for the time being. Now the final decision is due in the main proceedings.

The then Federal Minister of the Interior Nancy Faeser (SPD) banned the magazine on July 16, 2024 and described it as the “central mouthpiece of the right -wing extremist scene”. This was associated with an immediate setting of the entire print and online offer from “Compact”.

The prohibition order said: “It is feared that recipients of the media products by the publications, which also aggressively propagate the fall of the political order, will be stiffened and encouraged to act against the constitutional order.” According to the constitutional protection, the media company, which was based in Brandenburg at the time, is not only against the federal government, but also “generally against the political system”.

Legally, the step is a ban on association – according to the Federal Ministry of the Interior, companies can also be banned under certain conditions. In contrast, the Federal Administrative Court had not raised any objections in the urgent procedure.

What happened so far?

“Compact” submitted a lawsuit in the summer of 2024 and an urgent application against the immediate enforceability of the ban at the Federal Administrative Court. The Leipzig judges are in the first and last instance for lawsuits against club bans.

In the urgent procedure, the responsible 6th Senate reported above all doubts about the proportionality of the ban. Since Faeser’s ban on prohibition had led to an immediate hiring of the entire print and online offer of “Compact”, the fundamental rights of press freedom have a particularly important one, the federal judges said last August. According to the judges, a ban on association should not undermine the constitutionally guaranteed freedom of expression and press.

As long as the lawsuit is not finally decided, the media company can continue its company for the time being.

At the hearing, the court deals in detail with the prohibition order and examines the arguments of the Federal Ministry of the Interior and the “Compact” team. The focus is on whether activities and statements by the media company go beyond opinion and represent a concrete danger.

In order to have enough time in the event of the case, the court set two further trial days as a precaution – on June 11th and 12th. However, it is open whether the judges will speak a judgment at the end of the hearing – or name an extra appointment.

What does the Federal Ministry of the Interior say?

According to the Federal Ministry of the Interior, the “Compact” Magazin GmbH has long been the focus of the Federal Office for the Protection of the Constitution and was classified and observed as secured at the end of 2021.

After the rush decision, the then Federal Minister of the Interior Faeser said that it was good that such bans in a rule of law were also checked in court and, if necessary, corrected. At the time, the ministry said that his legal opinion for the ban would be comprehensively explained in the main proceedings and further substantiate the “formative character of the anti -constitutionality”. The evidence ensured during searches would flow into this.

In the meantime, the Ministry is managed by CSU Federal Minister of the Interior Alexander Dobrindt. On request, a spokesman said that the main proceedings would be continued. “The relevant scale of the BVerwG is the situation at the time of the original prohibition decree,” said the spokesman.

How does “Compact” argue?

The head of the right -wing extremist media company, Jürgen Elsässer, triumphed in the urgent procedure after the decision. He will come to Leipzig for the hearing, as a “Compact” spokesman said. You can see good chances of success for the lawsuit.

According to the media company, the ban is not possible because the association’s rights are not applicable to presses. In contrast, however, the Federal Administrative Court did not express any concerns in the rush decision. “Compact” therefore primarily relies on the high hurdles for the restriction of freedom of expression and press. “In view of the high freedom of the press, there is hardly any chances of the state to get through with a ban,” said the spokesman.

What does the German Journalist Association look at the procedure?

“The decision is of fundamental importance for freedom of expression and press,” said the DJV. The central question is whether a “combative-aggressive attitude of the association” can be proven to the constitutional regulations. “Only then would a complete ban be justified,” the association emphasized at the request of the German Press Agency.

According to the urgent procedure, the association had stated that the ban was a political quick shot. From the DJV’s point of view, the BMI had not collected enough facts to justify the measure.

A comprehensive overall view protects media organizations from being prohibited from a flat rate due to individual statements. “It must be prevented that an entire magazine is banned if only a partial aspect is constitutional,” said the DJV. Measures such as a restriction of individual contributions, event bans or local and event-related statements are also conceivable.