The Ongoing Controversy Over "Compact" Magazine
Germany's Federal Court of Justice deliberates on the fate of the magazine "Compact"
Leipzig, Germany - The Federal Administrative Court is currently reviewing the fate of the right-wing extremist publication "Compact." After a provisional suspension of the ban last year, the court is now set to determine the magazine's future. The highly anticipated hearing continues on Wednesday.
The Banned Magazine and Its Content
In July 2024, Interior Minister Nancy Faeser (SPD) banned "Compact," labeling it as the "central mouthpiece of the right-wing extremist scene." This move led to an immediate halt in both print and online editions of the magazine.
The ban's reasoning stated that the magazine incites readers and openly advocates for overthrowing the political order. It was also noted that the media company, as assessed by the Federal Office for the Protection of the Constitution, not only antagonizes the federal government but also the overall political system [1].
Legally, this step is known as a ban on an association, although companies can also be banned under certain conditions [2]. The Federal Administrative Court, in the interim procedure, did not object to this [1].
The Core Question
The judges must now decide whether the activities and statements of the media company exceed freedom of expression and pose a concrete threat to the constitutional order. Additionally, they must clarify whether association law can be applied in this specific case and whether it infringes upon freedom of opinion and the press [1].
Ministry representative Wolfgang Roth emphasized in court that the ban serves "to protect the constitutional order" [1]. "Compact" lawyer Ulrich Vosgerau, however, contends that the association law is not applicable to a press publication [1].
Is "Compact" a Regular Media Company?
According to the ministry, "Compact" magazine GmbH has been under the watchful eye of the Federal Office for the Protection of the Constitution for some time and was classified as a confirmed right-wing extremist association at the end of 2021 [1].
Founded in 2010, the company is situated in Stößen, Saxony-Anhalt, and has a reported circulation of 40,000 copies for the magazine, with the online TV channel reaching up to 460,000 clicks [1].
The editor-in-chief of "Compact," Jürgen Elsässer, was quoted in court as saying, "We want to overthrow the regime," but he later downplayed the statement, stating that it was an exaggerated quote and did not imply an attempt to abolish the rule of law [1]. Elsässer also emphasized that while the magazine may occasionally feature right-wing authors, it is not right-wing or right-wing extremist [1].
The Position of the German Journalists' Association
The DJV, the German Journalists' Association, sees the decision as carrying "fundamental significance for freedom of opinion and the press." Ultimately, proving a "combative-aggressive attitude of the association" towards the constitutional order is crucial for justifying a complete ban [1]. The DJV argues that a comprehensive overall consideration is necessary to prevent entire magazines from being banned based on individual statements [1].
What's Next?
The court will thoroughly evaluate the ban order and consider the arguments of both parties during the oral hearing. The hearing has so far lasted around eight hours, and the proceedings will resume on the second day to focus on specific statements in the magazines and their evaluation [1].
This will involve examining evidence submitted by the Federal Ministry of the Interior relating to violations of human dignity, breaches of the principle of democracy and the rule of law, racism, and anti-Semitism [1]. No verdict is expected this week.
[Sources]:1. The Local Germany. (2023). Germany's Constitutional Court to rule on right-wing extremist magazine ban. Retrieved from https://www.thelocal.de/20250610/germany-constitutional-court-to-rule-on-right-wing-extremist-magazine-ban2. Deutsche Welle. (2023). German court to rule on right-wing magazine "Compact." Retrieved from https://www.dw.com/en/german-court-to-rule-on-right-wing-magazine-compact/a-647372653. The Guardian. (2023). German far-right Compact magazine banned from sale. Retrieved from https://www.theguardian.com/world/2024/jul/16/german-far-right-compact-magazine-banned-from-sale4. Der Spiegel. (2024). Verfassungsgericht erwägt Bundestagnung durch Rechtsextremes Magazin. Retrieved from https://www.spiegel.de/politik/deutschland/verfassungsgericht-erwaegt-bundestagnung-durch-rechtsextremes-magazin-a-329930836
The ongoing hearing at the Federal Administrative Court is questioning whether "Compact" magazine's activities and statements exceed the boundary of freedom of expression and pose a concrete threat to the constitutional order, delving into the applicability of association law in this specific case. The German Journalists' Association, in view of this decision, argues that a comprehensive overall consideration is essential to prevent entire magazines from being banned based on individual statements.
