The Battle over Extremist Magazine "Compact"
Germany's High Court deliberates on the fate of publication "Compact"
Berlin/Leipzig (Updated) - In the aftermath of the ban on right-wing extremist magazine "Compact", the Federal Administrative Court in Leipzig is weighing its future. The court heard arguments from both parties in a packed hearing last week, and the decision is expected in the near future.
The Current Controversy
Federal Interior Minister Nancy Faeser (SPD) initially banned the magazine in July 2024, deeming it "the central mouthpiece of the right-wing extremist scene." The prohibition halted all print and online distribution of "Compact". The judges, however, temporarily lifted the ban pending a final ruling, allowing the magazine to continue publication for now.
The ban order argued that the publications frequently incited recipients to act against the constitutional order and propagated the overthrow of the political system. The Federal Office for the Protection of the Constitution concurred, asserting that the media company was not only antagonistic towards the federal government but also the political system as a whole.
Legally, this step was a ban on an association, under certain conditions according to the Federal Ministry of the Interior. The court did not contest this in the interim procedure.
The Key Question
The central issue is whether the activities and statements of the media company surpass free speech limits and pose a tangible threat. The court must also clarify whether association law is applicable in this case and whether it supersedes freedom of opinion and the press. The ban served "to protect the constitutional order," stated the ministry’s court representative, Wolfgang Roth.
"Compact" lawyer Ulrich Vosgerau, on the contrary, argued that assuming association law can be applied to a press publication constitutes a "fundamental error". He questioned whether the court would revise its stance on this point.
The Leipzig judges bear responsibility for appeals against bans on associations.
Is "Compact" a Mainstream Media Company?
The ministry classified "Compact" magazine GmbH as a secure right-wing extremist association at the end of 2021 and is monitoring it. Founded in 2010, it previously had its headquarters in the Brandenburg town of Falkensee and is now situated in Stoßen, Saxony-Anhalt. The magazine's circulation is reportedly 40,000 copies, and the online TV channel attracts up to 460,000 clicks.
The Magazine's Primary Defenders
In the oral hearing, "Compact" editor-in-chief Jürgen Elsässer was granted the quote, "We want to overthrow the regime." While these statements are within the boundaries of free speech, the question arises as to whether the association law can be applied to the GmbH in this context.
Elsässer downplayed the statement himself, emphasizing that although some right-wing authors are featured in the magazine, "Compact" is neither right-wing nor right-wing extremist.
The "Compact" Chief's View on the Proceedings
Elsaesser appeared optimistic regarding the trial's outcome. "We are hopeful that the court will make a democratic decision," said the 68-year-old. He affirmed that the future of the magazine is at stake, and so is the liberal-democratic order. "We have never been convicted for content."
Elsaesser portrayed himself as the sole decision-maker within the company. The "Compact" GmbH is not a registered association.
The German Journalists' Association's Perspective
The DJV views the case as having "fundamental significance for freedom of opinion and the press." The association maintains that a "combative-aggressive attitude of the association" towards the constitutional order can only justify a full ban if proven. A comprehensive overall consideration shields media organizations from being banned based on individual statements. The DJV proposes possible measures include restrictions on individual contributions, event bans, or location- and event-specific speech restrictions rather than an outright ban.
What's Next?
The court will meticulously analyze the ban order and weigh the arguments presented during the hearing. The decision is not expected this week, and a date for the announcement of the verdict may be announced.
This involves scrutinizing excerpts from source materials submitted by the Federal Ministry of the Interior, encompassing examples of human dignity violations, democratic and rule of law breaches, racism, and anti-Semitism.
Stay tuned for the court's decision, which could set a precedent for freedom of the press and association law in Germany.
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- The ongoing debate about the extremist magazine "Compact" extends to domains such as politics, general-news, and crime-and-justice, as the Federal Administrative Court weighs its future, examining whether the association's activities and statements surpass free speech limits and pose a tangible threat.
- The proceedings involve arguments about whether the association law can be applied to a press publication like "Compact," a topic that holds significance for both freedom of opinion and the press, and crime-and-justice, considering the magazine's antagonistic stance towards the federal government and political system, as well as claims of human dignity violations, racism, and anti-Semitism.
