The Limits of Freedom of Expression in the Wunsiedel Decision of the German Federal Constitutional Court
2010; Cambridge University Press; Volume: 11; Issue: 7-8 Linguagem: Inglês
10.1017/s2071832200018939
ISSN2071-8322
Autores Tópico(s)German History and Society
ResumoOn 4 November 2009, the First Senate of the German Federal Constitutional Court ( Bundesverfassungsgericht ) handed down its decision in the Wunsiedel case. In this decision, the Court held that § 130(4) of the Criminal Code does not violate the fundamental right of freedom of expression as it is protected by Article 5 of the Basic Law. § 130(4) of the Criminal Code—in concordance with § 15(1) of the Assembly Act— provides the legal basis for prohibiting certain National Socialist assemblies, particularly those taking place on dates and at locations with a high symbolic meaning for supporters of National Socialism. Therefore, the decision is of the highest importance for the fight against neo-Nazism and other supporters of National Socialist ideologies. Beyond this specific context, the decision has a significant impact on the doctrine of freedom of expression in general.
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