Criticism of U.S. free speech rights disputed by Foreign Office
In a recent development, the German Foreign Office has defended the country's freedom of speech, stating that while it is guaranteed by the Basic Law (Grundgesetz), it is not absolute and is subject to restrictions that protect against "anti-constitutional" activities and hate speech.
Jens Spahn, CDU/CSU parliamentary group leader, has rejected the U.S. criticism of alleged lack of freedom of speech in Germany, stating, "Everyone can say what they think in Germany. It's a free country." This sentiment was echoed by the deputy government spokesman, Steffen Meyer, who also emphasized that everyone can express their opinions in Germany.
However, the U.S. State Department's annual report has criticized Germany for restrictions on freedom of speech and rising antisemitism due to migration. The report states that antisemitic violence is a "serious human rights problem" in Germany. The report also mentions "censorship" in Germany, particularly on online platforms, due to the EU requirement to delete hate messages.
The German Foreign Office, in response, has emphasized that press and freedom of speech are not restricted in Germany. Uncomfortable and unpopular views are explicitly protected in Germany. There are limits to freedom of speech for the protection of democracy in Germany. Speech that promotes "Volksverhetzung" (incitement to hatred), Holocaust denial, or the use of symbols of unconstitutional organizations (like the Nazi swastika outside academic or artistic contexts) is prohibited and punishable by law.
The fight against antisemitism is a central task of the federal government in Germany. The deputy government spokesman, Steffen Meyer, did not want to evaluate the U.S. report on behalf of the federal government. The U.S. government's criticism of Germany's freedom of speech and antisemitism was previously rejected by the Foreign Office in Berlin.
The German Foreign Office also emphasizes that defending democratic freedom involves standing united with partners internationally and strengthening measures that safeguard both freedom and security. This balanced approach between protecting free speech and preventing threats to democracy and safety is a key aspect of Germany's stance on freedom of speech.
In essence, Germany’s conceptualization of free speech includes constitutional protections balanced by laws that forbid hate speech, Holocaust denial, and extremist propaganda, distinguishing its legal norms from more permissive regimes such as that in the U.S. The German Foreign Office reiterates its commitment to upholding human dignity and preventing the resurgence of extremist ideologies, even at the cost of limiting certain expressions that contravene the democratic order and human rights protections enshrined in the Grundgesetz.
- The German Foreign Office emphasizes that while freedom of speech is guaranteed by the Basic Law (Grundgesetz), it is not absolute and is subject to restrictions, such as those that protect against "anti-constitutional" activities, hate speech, Holocaust denial, and extremist propaganda.
- In Germany, the fight against antisemitism is a central task of the federal government, and there are laws in place to prohibit and punish speech that promotes "Volksverhetzung" (incitement to hatred), Holocaust denial, or the use of symbols of unconstitutional organizations (like the Nazi swastika outside academic or artistic contexts).
