The Leipzig court lifted a ban imposed by the German government on the compact of an influential far-right magazine.
While this ruling is seen as a blow to Germany’s fight against right-wing extremism, for others it could be evidence of the country’s high standard of freedom of speech.
In July 2024, the German Home Office banned magazines and claimed that rhetoric that attacked minorities would undermine German constitution.
“It’s a central mouthpiece in the right-wing extremist scene,” said then German Home Minister Nancy Phèser. “The magazine incites unspeakable hatred of Jews, people from migration backgrounds, and our parliamentary democracy.”
The magazine is linked to the German Party (AFD) far-right alternative, previously classified as right-wing extremists by German domestic intelligence.
A judge on Tuesday accepted that the magazine had published its anti-constitutional content, but found this did not justify the ban.
Many statements from the compact could be viewed as “exaggerated but acceptable criticism,” Judge Ingo Craft told the court. “The Constitution guarantees freedom of expression and freedom of press, even to the enemy of the Constitution.”
After the announcement, Compact Editor-in-Chief Jurgen Elsèser said he described his magazine as a “democratic assault gun,” but said the ruling would also help the AFD party. He said if he can’t ban his magazine, he can’t AFD either.
In Germany, there is fierce debate as to whether or not they are trying to ban AFDs as being classified as German right-wing extremists. Even many AFD critics say that playing with the party’s victims’ stories could have counterproductive bans.
Over the past year, German officials have sought to ban or ban many anti-constitutional organizations associated with far-right extremist groups. The AFD and far-right activists say they are silent by oppressive states.
Some supporters of Donald Trump have accused Germany of restraining freedom of speech. At the Munich Security Conference in February, Vice President JD Vance surprised European officials with a fierce attack on Germany, accusing mainstream politicians of shutting down the AFD from politics, and choked anti-democratic thrusts with his free speech.
In fact, AFD politicians are a staple of German television talkshows and have the right to equal debate against mainstream parties in the German parliament.
The 20th century experience of Germany’s oppressive Nazi and communist totalitarian regimes presents high hurdles to limit speech and banning publications and organizations.
Cases are often taken to court and, like this sentence, are overturned by judges. A decision to allow the publication of a far-right magazine compact cannot be appealed by the government.
