Magazine “Compact” may continue to appear

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The right -wing extremist magazine “Compact” can continue to appear. Moreover, The Federal Administrative Court in Leipzig lifted a ban on Tuesday that magazine “compact” may continue appear the then Federal Minister of the Interior. Moreover, Nancy Faeser (SPD) issued in the summer of 2024.

The judges confirmed their decision from an urgent procedure last August. Furthermore, At that time they had temporarily suspended the ban. Meanwhile, so that the paper could continue to appear for the time being. Similarly, Now the responsible 6th Senate has made his final decision in the main proceedings.

Racist world view – Magazine “compact” may continue appear

Faeser banned the magazine on June 5. Nevertheless, 2024 and referred to it as the “central mouthpiece of the right -wing extremist scene”. magazine “compact” may continue appear In addition, This was associated with an immediate setting of the entire print and online offer from «Compact». In addition, Legally, the step was a ban on clubs. However, The Ministry of the Interior had rely on Article 9 (2) of the Basic Law in conjunction with the Association Act. However, According to the Basic Law. associations are forbidden “whose purposes or their activity run counter to the criminal law or which are directed against the constitutional order or against the idea of ​​international understanding”.

The Ministry of the Interior had argued that “Compact” spread racist, anti -Semitic, conspiracy theoretical and anti -minority content. The magazine agitates in an aggressive-combative way against the constitutional order and represents a international-nationalist concept. In his articles. “Compact” uses terms such as “mixing breed” in his articles, maintain the narrative of “population exchange” and propagate the magazine “compact” may continue appear “remigration” of immigrants to maintain an ethnically homogeneous people. This reflects a racist world view.

Club law also applicable to media companies

On the one hand. the main procedure was about whether the association law is applicable to a press and media company. On the other hand. the court had to judge whether the statements, which are found in the public products of «Compact», are covered by the press and freedom of expression anchored in the Basic Law. The court took into account the fact that the Compact-Magazin GmbH. which was managed by the managing director Jürgen Elsässer, not only spreads the monthly magazine “Compact”, but also on its own website, an online shop and a YouTube channel, and organizes events and campaigns.

The media company. magazine “compact” may continue appear founded in 2010, used to be based in the Brandenburg Falkensee, and is now sitting in Stössen in Saxony-Anhalt. According to the court, the edition of the “Compact” magazine is 40,000 copies, the online TV channel reaches up to 460,000 clicks.

With regard to the association law. the judges decided that the constitutionally protected press and freedom of expression does not conflict with the applicability of the association law in media companies. Therefore, the association law is also applicable to Compact-Magazin GmbH. In addition. Compact-Magazin GmbH is not just a press and media company, but also a personal combination that sees itself as a “part of a movement” with a political agenda that works on a “power perspective”.

Ideological closeness to the identity movement

The Leipzig magazine “compact” may continue appear judges refer to the ideological proximity of the boss of Compact TV to the identity movement. to their intellectual head Martin Sellner, who designed the concept of remigration. This aims at the return of immigrants to their home countries. Insofar as the demand for remigration. with which “Compact” identifies itself against German nationals with a migration background, treats them as a citizen of second class and disregarded the “egalitarian understanding of nationality” protected by the constitution.

Nevertheless. the press and freedom of expression protected by the Basic Law should not be undermined by a ban on association against a media company. A ban on the association is therefore only considered if the freedom of expression is to be implemented in. “combative-aggressive ways”.

To do this. the unconstitutional activities with a view to the principle magazine “compact” may continue appear of proportionality should be “formative” for the association or the media company. However, this threshold was achieved in the overall assessment of the prohibition -relevant statements and activities of «Compact». Compact-Magazin GmbH therefore “does not meet all the prerequisites of the closely interpretation reason for the constitutional order”. the judgment says.

Exaggerated but permissible criticism of migration policy

Many of the migration-critical statements cited by the Federal Ministry of the Interior. which can be found in the media channels of Compact-Magazin GmbH, could be interpreted as “exaggerated”, but in the light of freedom of expression of freedom of expression of freedom of expression of migration policy interpreted. In this way. claims for stricter naturalization requirements in the nationality law do not hide against human dignity or the principle of democracy.

In their judgment. the Leipzig judges emphasize that the Basic Law “guarantees the enemies of freedom in confidence in the power of free social disputes”. As a result. the polemical criticism of power, conspiracy theories and the history revisionist considerations, which are expressed in the products of Compact-Magazin GmbH, also enjoy the protection of the freedom of expression and press anchored in the constitution.

The Compact managing director and editor-in-chief Jürgen Elsässer described himself as the “Federal Government Board” after the judgment. Even if his magazine had caused financial damage due to the temporary ban. the procedure was “of course also for us to advertise Ms. Faeser,” said Elsässer.

Relevance also for ban proceedings against the AfD?

In addition, the judgment of magazine “compact” may continue appear relevance for a possible ban procedure against the AfD is. The party will benefit from the judgment, said Alsässer. “If it is impossible to prohibit the compact ‘. it is not possible to ban the AfD, which is accused of the same.” The Federal Office for the Protection of the Constitution had classified the AfD as “secured right -wing extremist”. but had to suspend this assessment after a lawsuit by the AfD.

In the process, Elsässer’s lawyer Lauren’s Nothdurft saw a “precedent” for freedom of the press in Germany. “In the future, a critical medium can no longer be eliminated by a ministerial stroke,” said Nothdurft. The Leipzig judges had the last word in the matter. There are no appeals to the Interior Ministry against the decision.