The Judicial Court has determined that the Commission fell short in meeting its responsibilities as outlined in the Treaty.
Bernd Schreyer, co-founder of the Greens in Munich and Bavaria and former state chairman, found himself in hot water earlier this year after posting a controversial tweet. In June 2023, Schreyer referred to the Greens as "the new Jews," a comparison that sparked controversy and led to a legal proceeding.
Although Schreyer later expressed "all-encompassing regret" for the tweet, he maintained that he did not intend to make a direct comparison to the Nazi-era extermination policy. Instead, he aimed to warn against the escalating hate campaign against the Greens, which includes false claims and calls for boycotts and violence.
The court upheld a line that has been consistently pursued since the Corona pandemic: the prosecution of Holocaust-related comparisons. This decision was welcomed by the Antisemitism Commissioner of the Bavarian Justice Department. The verdict underscores the sensitivity and legal consequences of comparisons that inappropriately trivialise or instrumentalise the Holocaust or Jews.
Schreyer's lawyer, Jerzy Montag, a former Green Party member of the German Bundestag, criticised the decision as constitutionally problematic and announced a constitutional complaint. Montag referred to documented cases of hate speech against the Greens, including boycott calls and death threats with the word choice "eliminate," which echoed antisemitic boycott calls against Jews before the Holocaust. Montag argued that the context of the hate campaign against the Greens, which Schreyer's comparison addressed, should be considered.
The initial conviction resulted in a fine of 6,000 euros. The Munich I Regional Court later imposed 60 days' imprisonment, each day at 70 euros, totaling 4,200 euros. Schreyer resigned his mandate as a city councilor following the scandal. Montag announced a constitutional complaint against the decision, stating that the tweet was part of a debate about a hate campaign against green politics.
The conviction and subsequent legal proceedings have sparked a debate about freedom of opinion and the political representation of hate speech against the Greens as a new form of discrimination. The legal reaction reflects the sensitivity towards such comparisons to uphold the Holocaust memorial and the prosecution of antisemitism minimisation in Germany.
- The court decision against Bernd Schreyer, who used a controversial tweet to warn about escalating hate against the Greens, highlights the legal proceedings for policy-and-legislation surrounding Holocaust-related comparisons in politics, a subject of general-news debate.
- The controversy surrounding Bernd Schreyer's tweet, which he used to address hate speech against the Greens, has raised questions about freedom of opinion in politics, with the legal reaction reinforcing the importance of upholding the Holocaust memorial and prosecuting antisemitism minimisation in general-news discussions.
