Photo: @NancyFaeser on X, 7 October 2023
Left-wing German Interior Minister Nancy Faeser does not intend to resign despite suffering a humiliating court defeat. The government-critical right-wing magazine Compact, which she banned last month for “inciting hatred” and “aggressively propagating the toppling of the political order,” has been allowed to resume its activities following a court ruling on Wednesday, August 14th.
The court claimed it had found evidence of the publication “violating human dignity” but said upholding a free press took precedence.
At a press conference on Thursday, August 15th, Faeser, responding to a question about whether she would resign, as demanded by some politicians, said her defeat in court was a “completely normal process” in a “state governed by the rule of law.” This was an interesting choice of words by the minister who, according to constitutional law experts, completely disregarded the rule of law by arbitrarily banning a publication without presenting any evidence of criminal violations.
Speaking of her actions, she said it is important to use instruments of a well-fortified democracy “against its enemies,” and that she would “continue to resolutely oppose the enemies of the constitution.” Similar rhetoric has been used against the second strongest force in German politics, the anti-globalist AfD party which has been designated as a “suspected extremist organisation” by domestic intelligence agency Bundesamt für Verfassungsschutz.
The verdict by the court means that many mainstream politicians, who had rejoiced at the news of the ban, must now feel pretty embarrassed. Conservative publication Apollo News compiled a list of some of the lawmakers who had expressed their satisfaction with the ban.
Katja Mast, chief whip of the left-wing Social Democrats (SPD) in parliament, for instance, said: “Once again, Federal Minister of the Interior Nancy Faeser shows that she is taking action.” Apollo News commented that in a state governed by the rule of law, one cannot simply “take action,” but must adhere to the law and fundamental rights.
Another SPD politician, Andy Grote, interior minister for Hamburg, said he was very grateful to Faeser for “no longer having to endure this right-wing extremist hate paper.” He added: “The successful strike against Compact is a clear signal from the rule of law against its enemies.”
Konstantin von Notz, deputy leader of the Green party’s Bundestag group, said “we assume” that the authorities responsible have “very intensively” “examined and weighed up” the questions surrounding media law before they made their decision on banning Compact. Von Notz has—unsurprisingly—not yet commented on the ban being overturned by the court.
Even figures who are supposed to be responsible for upholding the law and protecting the constitution, like Stefan Kramer, president of the Office for the Protection of the Constitution in Thuringia, welcomed the ban, saying “it shows the resilience of democracy against its enemies.”
Politicians from the centre-right CDU also expressed feelings of euphoria, with Michael Stübgen, interior minister of Brandenburg, thanking the authorities for their “meticulous investigative work that contributed to the ban.” His party colleague, Roman Poseck, interior minister of Hesse, said “our constitutional state has today sent a clear signal against right-wing extremism, hostility to democracy and humanity.”