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Legal tug-of-war over surveillance of the AfD continues

Legal tug-of-war over surveillance of the AfD continues

,   and  ASMedia
2 min read
Legal tug-of-war over surveillance of the AfD continues
Legal tug-of-war over surveillance of the AfD continues

The Alternative for Germany (AfD) in Hesse is keeping its legal fight alive against being labeled a potential threat to the constitution. The party has lodged an appeal against a decision handed down by the Wiesbaden Administrative Court on November 14. Both the party and the court have confirmed the appeal.

The Hessian Administrative Court in Cassel now has the responsibility of either rejecting the appeal or upholding it, possibly overturning the lower court's decision. On a broader scale, the AfD is already under scrutiny as a suspected right-wing extremist group by the Office for the Protection of the Constitution at the federal level.

In its decision (6 L 1166/22.WI) on November 14, the Wiesbaden Administrative Court declared that the AfD's speeches sought to provoke hatred or envy towards its audience with crude insults and comparisons. This could potentially incite "unpeaceful behavior," particularly directed towards refugees and Muslims. By doing so, the AfD overstepped the boundaries of the constitutionally protected freedom of opinion.

Refuting the claims, the AfD's state spokespersons, Robert Lambrou and Andreas Lichert, assert that they have the right to criticize the government's faulty decisions, especially in areas like migration policy. They argue that their criticism does not transgress the bounds of free speech. "Individual errors cannot be equated with the party as a whole," they said, emphasizing the party's legitimacy.

Relevant Insights

  • At the federal level, the Office for the Protection of the Constitution considers the AfD a suspected right-wing extremist group, subjecting it to close scrutiny.
  • The Hessian Administrative Court (VGH) in Kassel will hear the AfD's appeal, which could potentially lead to a reversal of the lower court's decision and impact ongoing surveillance processes.
  • The classification and observation of political parties raises concerns about freedom of speech and the protection of the constitution in modern democratic states.
  • The Hessian AfD's legal challenge against its alleged extremist classification at the Administrative Court in Cassel proceeds, following the party's appeal against the Wiesbaden court decision.
  • The AfD operates under close monitoring by the Federal Office for the Protection of the Constitution as a suspected right-wing extremist party.
  • In the decision on November 14, the Wiesbaden Administrative Court found the AfD's speeches incited hatred or envy, potentially leading to "unpeaceful behavior."
  • The AfD maintains its criticism of political decisions is a right to free speech, disavowing any incitement or hatred.
  • The international media covers the ongoing legal challenges by the AfD, highlighting the importance of freedom of speech and the protection of the constitution in democratic states.
  • The classification and observation of political parties remains a sensitive issue, sparking debates and generating controversy in modern democracies.

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