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).
Julian Reichelt made a post on a short message service in August 2023, criticizing 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 as an untrue statement of fact. However, 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 emphasized that criticism is protected under the law, even if it mixes facts and opinions. The Court highlighted 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.
The court further noted that when assessing statements’ validity, it is essential to consider their linguistic context. The Court of Appeal had failed to do so, leading to an incorrect decision. 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.
In conclusion, Julian Reichelt’s successful defense before the Federal Constitutional Court highlights how important it is for individuals who feel their fundamental rights have been violated to speak out and seek legal action when necessary. This victory serves as a reminder that free speech is essential for democracy and must be protected at all costs.
