In a recent dispute over a post on X, former “Bild” editor-in-chief Julian Reichelt successfully defended himself before the Federal Constitutional Court. The Court upheld his constitutional complaint against a decision by the Berlin Court of Appeal, which had issued an interim injunction prohibiting him from making critical statements about the federal government (Ref. 1 BvR 2290/23).
The dispute arose from a post Reichelt made on a short message service in August 2023, where he criticized the German government for allegedly paying 370 million euros in development aid to the Taliban. The federal government challenged this statement in court, and the Court of Appeal ultimately banned it in November 2023 as an untrue statement of fact. Reichelt felt his freedom of expression was violated and took the case to the Federal Constitutional Court.
The Constitutional Court agreed with Reichelt’s argument that his right to freedom of expression had been infringed upon. They highlighted the importance of considering the linguistic context of a statement when assessing its validity. The Court of Appeal had failed to consider this context, which led to an incorrect decision.
The Court emphasized that while state institutions should be protected from verbal attacks, they should also be open to public criticism, as guaranteed by the fundamental right of freedom of expression. Criticism, even if it mixes facts and opinions, is protected under the law. It is important for individuals and institutions alike to understand and respect these rights in order for democracy to thrive.
As a result, the Federal Constitutional Court overturned the Berlin decision and referred the case back to the Court of Appeal for further consideration. It was a significant victory for Reichelt in defending his right to freedom of expression in the face of government criticism.
