A dispute over a post by former “Bild” editor-in-chief Julian Reichelt on social media platform X resulted in a successful outcome before the Federal Constitutional Court. The Court upheld Reichelt’s constitutional complaint, which challenged a decision by the Berlin Court of Appeal. The Court of Appeal had issued an interim injunction prohibiting Reichelt from making critical statements about the federal government, specifically regarding an untrue statement about Germany paying development aid to the Taliban.
Reichelt’s post in August 2023 sparked controversy when he claimed that Germany had paid 370 million euros in development aid to the Taliban. The federal government took legal action against Reichelt, resulting in the Court of Appeal issuing a ban on his statement. Reichelt argued that his freedom of expression was violated, leading him to appeal to the Federal Constitutional Court.
The Constitutional Court ruled in favor of Reichelt, stating that the Court of Appeal had ignored the context of his statement. Criticism, even if harsh or polemical, is protected by the fundamental right to freedom of expression. State institutions, including the government, should be able to withstand public criticism. The Court overturned the Berlin decision and referred the case back to the Court of Appeal for further consideration.
In conclusion, the Constitutional Court emphasized the importance of balancing freedom of expression with the protection of state institutions. Criticism, even if it mixes facts and opinions, should be safeguarded as a fundamental right. The dispute over Reichelt’s post serves as a reminder of the complexities surrounding freedom of expression and public discourse.