Germany's highest court is deliberating on the fate of publication "Compact"
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Breaking: Federal Administrative Court Ponders "Compact" Magazine Ban
📍 Berlin/Leipzig (dpa) - The limelight is on Leipzig's Federal Administrative Court as they mull over the validity of the ban on the right-wing magazine, "Compact". The courtroom was buzzing with spectators and media representatives, who followed the dramatic oral proceedings. In an interim procedure, judges had temporarily suspended the ban, allowing the magazine to continue publishing for the time being. Now, in the main proceedings, the magazine's lifeline hangs in the balance. The hearing resumes on Wednesday.
What's the beef?
It's been almost a year since Interior Minister Nancy Faeser (SPD) issued a ban on "Compact" in July 2024, labeling it the "central mouthpiece of the far-right scene". This move led to an abrupt halt of the magazine's print and online offerings.
The ban order warned that recipients could be incited and encouraged to actions against the constitutional order by the magazine's publications. It also alleged that the media company, assessed by the Federal Office for the Protection of the Constitution, not only antagonized the federal government but also "generally against the political system".
Legally, this step was a ban on an association, as per the Federal Ministry of the Interior, albeit companies could be banned under specific conditions. The Federal Administrative Court made no objections to this in the interim proceedings.
What's the crux of the matter?
The court must decide if the activities and statements of the media company cross the boundary of free expression and pose a clear danger. The judges must also define whether the association law can be applied in this specific case and whether this is compatible with freedom of opinion and the press. The ban was aimed "to protect the constitutional order", stated the representative of the ministry, Wolfgang Roth, in court.
However, "Compact" lawyer Ulrich Vosgerau contends that it is a "fundamental error" to assume that the association law applies to a press publication. The lawyer questions whether the court would stand by its stance on this issue.
The Leipzig judges decide appeals regarding bans on associations.
Is "Compact" just another media company?
According to the ministry, the "Compact" media company had been under watch by the Federal Office for the Protection of the Constitution and was classified as a secure far-right association at the end of 2021, under observation.
Established in 2010, the company was previously headquartered in Falkensee, Brandenburg, and now resides in Saxony-Anhalt's Stoßen. With a circulation of 40,000 copies, and its online TV channel generating up to 460,000 clicks, "Compact" is a force to reckon with.
Chairman of the 6th Senate, Ingo Kraft, cited "Compact" editor-in-chief Jürgen Elsässer in the oral proceedings, remarking, "We want to overthrow the regime". Douglas Ross, representing the media company, voiced that these statements are indeed covered by freedom of opinion, but the question remains whether the association law is applicable in this context.
Elsässer, however, downplayed his statement, asserting that the quote was "raw", but not suitable for inferring an intention to abolish the rule of law fundamentally. Elsaesser went on to clarify that while there are occasionally right-wing authors in the magazine, "Compact" is not right-wing and certainly not far-right.
Elsaesser expressed optimism before the trial, stating, "We are confident that the court will make a democratic decision." Accompanied by his wife Stephanie and Paul Klemm from the TV station of the "Compact" magazine, Elsaesser added, "It's a good day – we're celebrating our wedding anniversary".
"In a democracy, you can't ban a magazine like 'Compact'. Because 'Compact' defends the liberal-democratic order against the authoritarian overreach of the government," Elsaesser commented. "We have never been convicted for content."
In the trial, Elsässer positioned himself as the sole decision-maker. "In the publishing house, I am the dictator. I made all the decisions," said the 68-year-old. The "Compact" GmbH is not a registered association.
Elsaesser asserted that around 30 employees had worked tirelessly, collaborating to create and distribute editorial work, instead of depending on advertising. They organized press festivals and "overemphasized our role as if we were part of a movement", he added.
If the ban is confirmed against Elsaesser's expectations, "Compact" would become immediately illegal. Although the path to the Federal Constitutional Court in Karlsruhe is possible, it has no suspensive effect. "We are prepared for everything," he said.
How does the German Journalists' Association perceive the trial proceedings?
"The decision has fundamental implications for freedom of opinion and the press," the DJV commented. The focal question involves whether the association's "combative-aggressive attitude" towards the constitutional order can be established. "Only then would a complete ban be justified," the association added.
Comprehensive overall consideration is crucial to keep media organizations from being banned based on individual statements. "It must be prevented that an entire magazine is banned if only one aspect is unconstitutional," the DJV stressed. Possible measures could include restrictions on individual contributions, event bans, or location- and event-specific speech restrictions.
What's next?
After approximately eight hours of proceedings, the hearing was postponed. On the second day of the trial, individual statements in the magazines and their evaluation will take center stage. This involves examining over 240 pages of reference materials provided by the Federal Ministry of the Interior, pertaining to examples of violations of human dignity, breaches of the democratic principle and the rule of law, as well as racism and anti-Semitism.
A verdict is not expected this week. The senate might announce a pronouncement date.
- The ongoing trial at the Federal Administrative Court in Leipzig, focused on the ban of the magazine "Compact," raises questions about policy-and-legislation, as it explores the boundaries of free expression and the applicability of association law to a press publication.
- In the general news landscape, the outcome of this trial is significant, as it could set a precedent for future cases involving the balance between freedom of opinion and the press, and the protection of the constitutional order.
