AfD city boss sues Greens: dispute over climate protests escalates!

AfD city boss sues Greens: dispute over climate protests escalates!

In Brandenburg an der Havel, a legal dispute over a Facebook post is causing a stir. Michel Albrecht, the city leader of the AfD, took a comment from the Green city councilor Robert Schönnagel as an opportunity to initiate legal action. At the beginning of 2024, Albrecht liked a post that made disparaging comments about climate protesters and contained inhumane statements, such as the statement that such activists belong “under the tractor as fertilizer.” Schönnagel described this rhetoric as unacceptable and inhumane and had no idea that it would cause such outrage. For Albrecht, this was the reason to take legal action against Schönnagel. He sued for an injunction and correction and spoke of an “untrue statement of fact” that violated his honor maz-online.de.

The legal situation, however, remains exciting. Jonas Kahl, Schönnagel's lawyer, argued that the lawsuit was inadmissible because city councilors have privileges similar to members of the state and federal parliaments. These privileges are intended to ensure that democratically elected representatives can act without fear of reprisal. Judge Dominik Brand from the Brandenburg Regional Court found that Albrecht liked the entire post, which is considered a coherent statement. He recommended a settlement between the disputing parties, but Albrecht's lawyer, Robert Proto, rejected this suggestion. The judge's decision will soon be communicated in writing, and an objection could even take the case to the Brandenburg Higher Regional Court.

Climate protests in the public eye

The debate about climate protests is becoming increasingly heated. While some are upset about the activists' methods, others perceive the concern as legitimate. In North Rhine-Westphalia, where the assembly law prohibits events on motorways, new legal restrictions and increased persecutions are also being investigated. This tendency to curtail basic rights could be a threat to democracy Amnesty International emphasized.

In Bavaria, for example, preventive detention is being used more and more frequently, especially during climate protests. This led to an accusation of forming a criminal organization against activist groups, but this resulted in different legal assessments in different cities. While the initial suspicion was acknowledged in Brandenburg and Munich, Berlin cleared the protesters of suspicion.

Legal framework and social consequences

So what is the aim of these legal steps? Preventive detention is generally intended to prevent behavior contrary to the police or significant disruptions to public safety from occurring. But the criteria vary greatly between the federal states. In Bavaria, the prevention of threats to important legal interests is already being considered as a reason for preventive measures. However, aspects of proportionality require a critical consideration of the legal basis, especially in the case of protracted blockades where there is a fine line between protest and coercion, such as lto.de explained.

So far, the courts have often proven to be sympathetic to the concerns of climate activists, but the current social mood could mean a gradual change of course. It remains to be seen whether these legal disputes have more than just symbolic significance. To date, participation in climate protests has been characterized by a complex network of political and legal frameworks that leave less and less room for creative forms of protest.