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The Limits of Freedom of Expression in the Wunsiedel Decision of the German Federal Constitutional Court


Mehrdad Payandeh


Heinrich Heine Universität Dusseldorf

September 15, 2011

German Law Journal, Vol. 11, No. 8, 2010

Abstract:     
On 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.

Number of Pages in PDF File: 14

Keywords: freedom of speech, Germany, German Federal Constitutional Court, Wunsiedel

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Date posted: September 15, 2011  

Suggested Citation

Payandeh, Mehrdad, The Limits of Freedom of Expression in the Wunsiedel Decision of the German Federal Constitutional Court (September 15, 2011). German Law Journal, Vol. 11, No. 8, 2010. Available at SSRN: http://ssrn.com/abstract=1927822

Contact Information

Mehrdad Payandeh (Contact Author)
Heinrich Heine Universität Dusseldorf ( email )
Universitätsstrasse 1
Duesseldorf, NRW 40225
Germany
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