Hass post against Federal President: 65-year-old has to pay 1,800 euros!

Hass post against Federal President: 65-year-old has to pay 1,800 euros!

Gera, Deutschland - In Thuringia, the Gera District Court made a judgment that rejects the debate about freedom of expression and personal attacks. A 65-year-old man from Orlamünde was convicted of the dismissal of the Federal President and must now pay a fine of 1,800 euros. In a Facebook post Frank-Walter Steinmeier (SPD), the defendant called "Nazi Schwein" and called on the fact that the radical Islamic Palestinian organization Hamas should "hopefully" send a bomb. According to the court, these statements exceed the limits of freedom of expression and do not fall under the protection of Article 5 of the Basic Law. [Yahoo Nachrichten] (https://de.nachrichten.yahoo.com/verununglimplimpf-bundprochspr et. The judgment has not yet been final.

What may affect the background for such drastic measures? The court classified the case as a state protection matter because the Federal President is a constitutional body. In German criminal law, the disparagement of officials is classified as a criminal offense of the "hazard of the democratic constitutional state", which actually illustrates the seriousness of the situation. The defendant confessed to the authorship of the contribution, but the question arises where the border between expression of opinion and criminal insults goes. [In Südthüringen] (https://www.insuedthueringen.de/inhalt.ger-hasspost- against- Bundespraesidenter-zu-gelden .a3a4ca68-032c-b265-1e444318.html) emphasizes that the statements of the man are limited to the limited limits of Freedom of expression significantly exceed.

Freedom of expression vs. Personality rights

In the current discussion about freedom of expression, reference is often made to the fundamental decisions of the Federal Constitutional Court. Because even if freedom of expression in Germany is very important, there are clear framework conditions that must not be exceeded. Klaus F. Gärditz, professor of public law, emphasizes in an article that freedom of expression must be interpreted "in the light of the fundamental right". Insults and seditions are criminal offenses that protect the dignity and personal rights. [LTO] (https://www.lto.de/recht/hintergruende/h/bverfg-baglage-1-bvr-2459-19-grundrecht- Freiheidung-border) illustrates that the weighing up between freedom of expression and personal rights is not always in favor of freedom of expression.

The relevance of communication criminal law gains significantly in importance in times of social brutalization. Criticism remains important for the democratic argument, but it must not be misunderstood as a license for defamation and degradation. It is essential that the dignity and the right to respect all people will be observed in order to protect the functional conditions of a free democracy.