How strong is the fundamental right to freedom of press and expression? Does it also apply to the right -wing extremist magazine “Compact”? Or do its texts endanger democracy? Judges in Leipzig have to clarify that.
Almost a year after the prohibition of the right -wing extremist magazine “Compact”, the Federal Administrative Court in Leipzig checks whether this existence has. The hearing began under special security precautions as well as large audience and media rank. In the urgent procedure, the judges had temporarily suspended the ban, so that the tide could continue to appear for the time being. Now the final decision is due in the main proceedings. When the court speaks his judgment is open.
What is it about?
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 Office for the Protection of the Constitution, the media company 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 question is the focus?
The question is whether activities and statements by the media company go beyond opinion and represent a concrete hazard. In addition, the judges have to clarify whether the right to association is to be applied in the specific case and whether this is also due to freedom of expression and press. The prohibition of the association served “the protection of the constitutional order”, said the process representative of the ministry, Wolfgang Roth.
From the perspective of “Compact” lawyer Ulrich Vosgerau, on the other hand, it is a “cardinal error” of the decision to assume that the association law is to be applied for a press product. The lawyer doubted that the court was ready to revise his opinion on this point.
The Leipzig judges are in the first and last instance for lawsuits against club bans.
Is “Compact” a regular media company?
According to the ministry, the “Compact” Magazin GmbH has long been the focus of the constitutional protection and was classified and observed as secured at the end of 2021 as secured.
The media company, founded in 2010, used to be based in the Brandenburg Falkensee, and now sits in Stessen in Saxony-Anhalt. According to the court, the edition of the “Compact” magazine is 40,000 copies, the online TV channel reaches up to 460,000 clicks.
The chairman of the 6th Senate, Ingo Kraft, cited Jürgen Elsässer with the words at the hearing “Compact” editor-in-chief Jürgen Elsässer: “We want to overthrow the regime”. And if you have this goal in mind, you can also write corresponding texts. Kraft said that these statements are covered by freedom of expression, but the question arises whether against this background the club right should be applied.
“Compact” lawyer Vosgerau relativized the statement of Alsatian. The quote is a bit “rough”, but it is not suitable to justify the suspicion that a fundamental termination of the law principle is sought.
What does the “Compact” boss say about the procedure?
Alsatians were confident before the negotiation. “We are optimistic that the court will make a democratic decision,” said the 68-year-old. He was accompanied by his wife Stephanie and Paul Klemm from the TV broadcaster of the “Compact” magazine. It was a good day, Elsässer said and pointed out that he and his wife had wedding anniversary.
“A magazine like” Compact “cannot be banned in a democracy.” Compact “defends the free-democratic order towards the government’s authoritarian attacks,” said Elsässer. “We were never convicted of content.”
If the ban is confirmed against his expectations, “Compact” is immediately illegal. The way to the Federal Constitutional Court in Karlsruhe is possible. But that has no suspensive effect. “We are prepared for everything,” he said.
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,” said the association at the request of the German Press Agency.
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.
What’s next?
At the hearing, the court deals in detail with the prohibition order and checks the arguments of both parties. In order to have enough time in the event of the case, the judges scheduled two more days of negotiations 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.
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.
