Germany: Ban on Compact mag overturned
Germany's Federal Administrative Court has lifted the ban on the far-right magazine Compact. The court ruled that although much of its content, including the description of migrants as second-class citizens, violated human dignity and democratic principles, this was not a defining feature of the magazine. Presiding judge Ingo Kraft also emphasised that the constitution guarantees freedom of expression and freedom of the press, even to enemies of freedom.
At some point it may be too late
The Süddeutsche Zeitung analyses the court's decision as follows:
“Two things are obvious in this ruling: how disgusted the court is by the magazine, which divides Germans into first and second class citizens – but also the scruples it nevertheless has about issuing a ban. The court would rather 'trust in the power of free social debate'. These words carry an echo of the famous dictum of the constitutional lawyer Ernst-Wolfgang Böckenförde, according to which the liberal state lives on the basis of reconditions that it cannot guarantee itself. To put it another way: only society can do this. But what if society proves to be too weak? If courts keep saying 'not yet', at some point it may be too late to say 'now'.”
Think through legal repercussions
Zeit Online is frustrated:
“It is strategically disastrous, and, from the point of view of those affected, deeply frightening when right-wing extremists achieve such victories. Because no, the bottom line is that a ban would not have 'benefitted the right', as is so often claimed. A democracy should defend itself, in fact it must. But it should not have to defend itself against a magazine most of whose content is not legally objectionable. ... Politicians cannot afford such manoeuvres. State repression of the ultra right must be effective, targeted and above all legally watertight. When experts warn that this or that tempting measure could fail in the court, politicians finally need to sit up and take note.”
All publicity is good publicity
Der Standard has little understanding for the former Minister of the Interior's approach:
“All that can be said about [Nancy] Faeser's actions is: well-intentioned but poorly executed. Because even if the magazine contains unspeakable anti-migrant rhetoric, freedom of opinion is a greater good than the desire to no longer have to read such content. And this applies to everyone, not just to those who believe they are in the right. Faeser's campaign backfired badly: Compact got lots of publicity and is now more popular than ever.”