- Stage win for Compact magazine <unk> Ban suspended
German Interior Minister Nancy Faeser (SPD) sees this decision by the Federal Administrative Court as a defeat: The court in Leipzig has provisionally suspended the ban on the right-wing extremist "Compact" magazine that she had ordered. This means that the magazine can be published again for the time being. A final decision will be made in the main proceedings.
The court expressed doubts about the proportionality of the ban and emphasized the importance of press freedom. Since Faeser's ban would have led to an immediate cessation of the entire print and online offerings of "Compact", the right to freedom of the press carries particular weight, the federal judges explained. Until a final decision is made on the lawsuit, the media company can continue its operations.
Ban based on the Association Act
Faeser had banned "Compact" on July 16 based on the Association Act. She justified this action by stating that the magazine is a "central mouthpiece of the right-wing extremist scene". The ban shows "that we are also taking action against the intellectual arsonists who are fostering a climate of hate and violence against refugees and migrants and want to overthrow our democratic state". There were also raids in several federal states at the time.
"Compact" had filed a lawsuit and an urgent application against the immediate enforceability of the ban. The Federal Administrative Court is responsible in the first and last instance for lawsuits against association bans. The court has now decided on the urgent proceedings.
Court keeps success prospects of the lawsuit open
In doing so, the court "summarily" examines the prospects of success of the lawsuit. These appear open, the Federal Administrative Court stated. It cannot currently be finally assessed whether the magazine fulfills the ban ground of directing itself against the constitutional order.
While there are indications in the publications of a violation of human dignity and a combative-aggressive attitude towards elementary constitutional principles, there are doubts as to whether this is so dominant that a complete ban on "Compact" would be justified in terms of proportionality. Other means, such as press law measures or event bans, may be indicated here.
Chief Editor Jürgen Elsässer announced that he wants to resume work quickly. "We can now work in peace for at least two to three years," he said on the platform X. This is the greatest triumph of post-war history. "Compact" lives!"
The decision from Leipzig was also welcomed by the AfD. "The Federal Administrative Court has broken a lance for press freedom and given the Federal Minister of the Interior a massive slap in the face," said the parliamentary group chairwoman Alice Weidel in a statement from her faction.
The Interior Ministry sticks to its legal opinion
"The Federal Ministry of the Interior has comprehensively justified the constitutionally hostile, aggressive-combative behavior of the 'Compact-Magazin GmbH' in the ban order and has proven it with comprehensive evidence from the security authorities," a spokeswoman for the ministry said after the publication of the court's decision. It will continue to comprehensively present its legal opinion in the main proceedings and further substantiate the dominant character of constitutional hostility.
Even evidence seized during court-ordered raids may continue to be used in the proceedings and is currently being evaluated by the ministry. The association shows close ties to the right-wing extremist Identitarian Movement and the right-wing extremist party spectrum, the spokeswoman said. This is evident, for example, in the mutual participation in and support of events.
German Journalists' Association: Commitment to Press Freedom
The German Journalists' Association (DJV) described the decision of the Federal Administrative Court as a clear commitment to the fundamental right of press freedom. "This means that the Compact ban was a political quick fix that has backfired today," explained DJV federal chairman Mika Beuster. "I would welcome it if the Federal Minister of the Interior pursued her legitimate fight against right-wing extremism in accordance with the enshrined fundamental rights."
In the ban order, the Federal Ministry of the Interior stated: "It can be feared that recipients of the media products will be incited by the publications, which also openly propagate the overthrow of the political order, and will be encouraged to act against the constitutional order."
During the ban, there were raids in several federal states. According to the court ruling, the seized evidence, including computers and other technology, may still be evaluated. However, the items must be released within a week, as a spokesman said. It is not yet foreseeable when the final decision on the lawsuit will be made.
The court recognized the significance of press freedom in this situation, as Faeser's ban could have led to an immediate halt of "Compact"'s print and online offerings.until the main proceedings, the media company can continue its operations.
Despite some indications of human dignity violations and aggressive attitudes towards constitutional principles, the court expressed doubts about the justification for a complete ban of "Compact", suggesting alternative measures like press law measures or event bans.
