Opinion Piece: The Failed Ban on "Compact" Empowered Right-Wing Extremists
- by Martin Debes
- 2 Min.
Reinforced Extremist Empowerment: Court Decision Favors Enhanced Injunction Procedures for Right-Wing Extremists - Strengthening of Ban Procedure's Impact on Right-Wing Extremists: Court Decision Examined
In a country that cherishes freedom of speech, "Compact" is often dubbed as a despicable hate sheet. Known for inciting against foreigners, Jews, and minorities, political parties, and the media, the magazine's satellite portals and businesses remain operational. Despite an attempt to ban it a year ago, the Federal Administrative Court has now lifted the ban, a decision that stirs mixed feelings.
Legally, the court’s decision allows the state to apply association law to media companies, establishing that a ban doesn’t constitute "pre-censorship." Nevertheless, this action should not undermine the freedom of speech and press guaranteed in the Basic Law, especially for entities like "Compact" that advocate immigration-critical views, conspiracy theories, and revisionist history[1]. The court ruled that a ban is only justified if the unconstitutional activities of the association are dominant, a requirement that "Compact" fails to meet due to the protection guaranteed by the Basic Law[1].
Although the verdict appears to strengthen the freedom of the press by confirming the route via association law, it reinforces the fundamental right in ironic circumstances, considering "Compact" supports the far-right ideology. In fact, the editor-in-chief of "Compact," Jürgen Elsässer, exploited the failed ban to assert that if "Compact" couldn't be banned, then neither could the AfD[2]. This assertion, however, is misguided, as the court’s ruling emphasized that banning a medium or political party via association law is a possibility, but it requires substantive evidence of unconstitutional activities[2].
While "Compact's" sales successes can be attributed to the attention generated by the ban, the inevitable conclusion is that the failed ban has strengthened rather than weakened the far-right extremists[2]. Consider Hungary, where press freedom is restricted by an authoritarian government. The AfD admires Hungary, making the failed ban a cautionary lesson for both the government and the AfD[3].
- Compact
- AfD
- Ban procedure
- Hungary
- Jürgen Elsässer
- Federal Administrative Court
Enrichment Data Snapshot:
- The court's ruling highlights a high legal threshold for banning political entities, requiring robust evidence to justify a ban.
- Critics warn that the cautious approach of courts towards banning far-right actors could lead to delays, potentially allowing them to grow and solidify their positions before effective action can be taken.
- The ruling may constrain politicians from using bans as a tool against the AfD, urging them instead to focus on legal measures that stand up to judicial scrutiny.
The ruling by the Federal Administrative Court, allowing the application of association law to media companies, could potentially be misused to strengthen far-right entities, such as "Compact" and the AfD, as it sets a high legal threshold for banning political actors. This ruling, however, also indicates a need for politicians to focus on legal measures that can withstand judicial scrutiny instead of relying on bans as a tool against extremist groups.
In the context of politics and policy-and-legislation, vocational training programs could play a significant role in countering far-right extremism by promoting inclusivity, tolerance, and respect for diversity in employment settings. Such training programs, when integrated into the general-news narrative, could help shift societal discourse towards more harmonious and cooperative attitudes, thus undermining the support base for extremist ideologies.
