Right-wing extremist publication to face legal review in German court
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In the sweltering summer of 2024, Interior Minister Nancy Faeser boldly presided over the prohibition of Compact magazine. She eloquently declared her motives, stating the publication had become a "loudspeaker for the radical right-wing extremist faction." The magazine was accused of propagating repugnant messages against Jews, immigrants with ethnic backgrounds, and Germany's parliamentary democracy.
Compact: A Beacon for the Resistance Movement
In a 2023 report, the Federal Office for the Protection of the Constitution (BfV), Germany's domestic intelligence agency, devoted an entire page to Compact - a magazine and multimedia company situated in Falkensee, on the outskirts of Berlin.
The BfV report cites Compact's publisher, who claims monthly print sales of 40,000 copies. The platform's YouTube subscribership, on the other hand, soared at a staggering 513,000 by June 10, 2025.
According to the BfV, Compact views itself as part of a resistance movement and is considered by other extremist actors in the new right as a key player in their circle. A significant aspect of the articles the publication disseminates is incitement against the federal government and the current political order.
Ties to the Identitarian Movement
Examples of inflammatory content presented by the BfV include complex conspiracy theories used to agitate against state institutions and democratic society. These theories are frequently accompanied by revisionist historical narratives and antisemitic sentiments.
Moreover, the report points out connections between Compact and radical right-wing extremist organizations, such as the German Identitarian movement (IBD) and the eastern German regional party "Free Saxons."
Faeser's Crusade Against Intolerance
Faeser argued her decision fiercely, citing the German Basic Law or "Grundgesetz" - Article 9, which governs freedoms of assembly, stating: "Associations whose aims or activities contravene the criminal laws or that are directed against the constitutional order or the concept of international understanding shall be prohibited."
Compact's editor-in-chief, Jürgen Elsässer, is a suspected right-wing extremist with a fascinating past. In his youth, he belonged to the Communist Youth Wing and wrote for the newspaper Arbeiterkampf (The Workers' Fight). He later worked as a reporter for several left-wing media outlets, including Neue Deutschland (New Germany), a crucial news source for the socialist East German government when the country was still split.
The Legal Battle for Compact's Future
Elsässer and other litigants challenged the ban on his media operations before the Federal Administrative Court in Leipzig. In August 2024, Elsässer was granted a partial victory by the court, which ruled that he could continue publishing Compact pending a final ruling, as it remained uncertain whether the publication had intentionally attacked the constitutional order.
However, the court quickly identified violations of human dignity, recognizing instances in which citizens with migrant backgrounds were subjected to degrading language. Notwithstanding these findings, the court expressed reservations about whether this was enough to warrant a complete ban, as it would represent the most severe curtailment of the constitutionally protected freedoms of speech and press guaranteed under Article 5 of the Basic Law.
Drawing the Lines Between Freedom and Intolerance
Still, Article 5 puts parameters on free speech, stating, "These rights shall be subject to limits under general laws, protections for minors, and the right to personal honor."
The trial to establish Germany's boundaries for press freedoms commenced on June 10, 2025, with uncertainty surrounding the timing of the final decision.
Where Does Free Speech Begin and End?
This text was originally written in German.
Enrichment Data:Article 5 of the German Basic Law protects freedom of expression, including freedom of the press and freedom to receive and share information. However, it also outlines specific limitations to these liberties. The article stipulates that these rights "shall find their limits in the provisions of general laws, in provisions for the protection of minors, and in the right to personal honor."
In the context of the banned magazine Compact, the limits have been recognized and applied in both practical and judicial settings. The courts, with the Federal Administrative Court in Leipzig, have carefully balanced the fundamental right to freedom of expression against the protection of human dignity and other legal provisions.
In the case of Compact, while there was evidence of discriminatory content, the courts have thus far exercised caution before endorsing total censorship. This reflects the delicate balance under Germany's constitutional law, striking the right equilibrium between preserving free expression and preventing hate speech or degrading content.
In short:- Article 5 upholds freedom of expression but restricts it through general laws, regulations for minors, and personal honor rights.- The application of these limitations to Compact has been primarily driven by examining whether the magazine's content has offended human dignity or violated other legal protections.- German courts exercise caution when justifying censorship, considering the gravity of such an action on free speech.- Currently, Compact is allowed to publish pending a final verdict, reflecting the deliberate approach adopted by German constitutional law [1].
[1] https://en.wikipedia.org/wiki/Freedom_of_speech_in_Germany#:~:text=The%20Basic%20Law%20of%20the,Law%20(GG)%20is%20Article%205.
The government's decision to ban Compact magazine was a response to its role as a platform for right-wing extremist views and hate speech.
International media and society have been closely following the legal battle for Compact's future, as it tests the boundaries of free speech and intolerance under Germany's policy-and-legislation.
Suspected right-wing extremist and editor-in-chief of Compact, Jürgen Elsässer, is challenging the ban, arguing for the protection of his freedom of the press and freedom of speech under Article 5 of the German Basic Law.
The trial examines the balance between free speech and human dignity, with the court acknowledging instances of degrading language towards citizens with migrant backgrounds, but expressing reservations about total censorship as it represents a severe curtailment of constitutionally protected freedoms.
