Battle of the Extremist Publisher: "Compact" in Court
Court of Highest Judicial Authority Considering Magazine "Compact"'s Imminent Fate
Leipzig - The extremist magazine "Compact" is standing trial once again, after a year-long ban was provisionally lifted. The Federal Administrative Court in Leipzig is reviewing its status, with the media and spectators gathering for the proceedings. The question at hand is whether the magazine's activities and statements pose a threat to the democratically-elected order, and whether the ban on the association is compatible with freedom of opinion and the press.
The Ban Fiasco
In July 2024, Interior Minister Nancy Faeser (SPD) issued a ban on "Compact," labelling the magazine as "the central mouthpiece of the right-wing extremist scene." The ban halted all print and online publications of the magazine. The ban order stated that the publications could incite individuals to take actions against the constitutional order, and it was feared that they openly propagated the overthrow of the political order.
Legally, this ban was a ban on an association, a step the Federal Ministry of the Interior claimed could be applied to companies under certain conditions, according to the Federal Administrative Court. It appears the court did not object to the expedited procedure, allowing the magazine to continue publishing.
Free Speech or Fundamental Threat?
The judges must determine whether the magazine's activities and statements, under the guise of freedom of expression, represent a concrete threat to the nation. They must also clarify whether the association law is applicable in this specific case and if it does not infringe upon the principles of freedom of opinion and the press.
Lawyer of "Compact," Ulrich Vosgerau, argued that the association law is not applicable to press publications, and he questioned the court's willingness to revise its opinion on this point. On the other hand, the ministry's representative, Wolfgang Roth, asserted that the association law must be applied to protect the constitutional order.
The Leipzig judges, responsible for appeals against bans on associations, are now responsible for making a decision that will impact the future of "Compact."
Is "Compact" Just Another Magazine?
The magazine, founded in 2010, has been under the watchful eye of the Federal Office for the Protection of the Constitution for some time, being classified as a secure right-wing extremist organization in late 2021 and under surveillance. The media company, located in Stößen in Saxony-Anhalt, boasts a circulation of 40,000 print copies, and the online TV channel attracts up to 460,000 clicks.
Chairman of the 6th Senate, Ingo Kraft, quoted "Compact" editor-in-chief Jürgen Elsässer during the oral hearing, saying "We want to overthrow the regime." Kraft explained that these statements are covered by freedom of opinion. However, the court must decide whether the association law can be applied to the GmbH in this context.
Elsässer, accompanied by his wife Stephanie and Paul Klemm from the TV station of the "Compact" magazine, appeared confident before the trial. "We are optimistic that the court will make a democratic decision," Elsässer said, noting that he and his wife were celebrating their wedding anniversary.
Surface-level scrutiny might deem "Compact" just another magazine, but the court proceedings shed light on its extremist nature. Elsässer stated that around 30 employees worked almost around the clock in the publishing house, occupied with the creation and distribution of editorial work. Instead of advertising, they organized press festivals and presented their media outlet as part of a movement.
DJV's Take
"The decision has fundamental implications for freedom of opinion and the press," the DJV stated, commenting on the proceedings. The central question is whether a "combative-aggressive attitude of the association" toward the constitutional order can be proven. DJV warned that banning the entire magazine based on individual statements would set a dangerous precedent. They proposed that possible measures could include restrictions on individual contributions, event bans, or location-specific speech bans.
What's Next?
The court will thoroughly analyze the ban order and review both parties' arguments. After eight hours of proceedings, the hearing was adjourned, with the focus shifting to individual statements in the magazine on the second day. The ruling might not be announced this week, but the senate may announce a date for the verdict delivery soon. The impact of this decision on the German media landscape and freedom of speech is imminent.
Other stakeholders in politics and policy-and-legislation, such as the DJV (Germany's Association of Journalists), are closely monitoring the proceedings, highlighting the potential impact of the court's decision on freedom of opinion and the press in general-news. The question facing the Leipzig judges is whether the immutable stance and activities of "Compact," under the guise of freedom of expression, pose a concrete threat to the nation and whether the association law is applicable, given its status as a media company.
