A German federal court has overturned a ban on a magazine classed by the government as rightwing extremist, in a high-profile legal battle seen as pitting efforts by the authorities to protect the democratic order against media freedom.
The federal administrative court said that while Compact, a publication with close ties to the far-rightAlternative für Deutschland(AfD) party, had produced “anticonstitutional” content, it did “not yet” represent a threat to the state.
“The basic law guarantees even the enemies of the constitution, with faith in the power of free societal debate, freedom of expression and the press,” the presiding judge Ingo Kraft said.
The interior ministry last Julyoutlawed the monthly magazine, as well as the company that publishes it, Compact-Magazin GmbH, and an affiliated media production firm, Conspect Film.
Nancy Faeser, the interior minister at the time, argued that Compact was “the main mouthpiece for the rightwing extremist scene” and fomented “unspeakable” hatred of Jews, Muslims and foreigners while propagating pro-Kremlin views, conspiracy theories and historical revisionism.
Faeser belongs to the Social Democrats, junior partners in the current government under the conservative leader Friedrich Merz, which hasalso signalled forceful action against rightwing extremists. The interior ministry did not immediately comment on the ruling.
The office for the protection of the constitution (BfV), the domestic intelligence agency, designated Compact-Magazin GmbH in 2021 as confirmed rightwing extremist and placed it under surveillance.
The Leipzig-based federal administrative court, which hears cases challenging association bans, issued a temporary reprieve for Compact last August, finding that the ministry had failed to make the case that the magazine’s publishers were credibly agitating to overthrow constitutional democracy.
Tuesday’s ruling in favour of a complaint by its editor and chief executive, Jürgen Elsässer, marked the final legal decision in the case and will allow Compact, which was founded in 2010, to resume operations immediately.
During contentious hearings before the court under tight security, Elsässer disputed any seditious intent behind the publication, saying that although it gave a platform to fierce critics of the government, “Compact is not rightwing and certainly not rightwing extremist”.
“Sieg!” (Victory!), Elsässer posted on X after the ruling. He later said he was considering suing the government for damages.
Compact had a circulation of 40,000, while its online video channel reported up to 460,000 page views a post, according to information provided by the court.
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The legal victory for the magazine took place against a backdrop of calls to outlaw the AfD, Germany’s biggest opposition party since February’s general election.
The BfV in May deemed the pro-Russian, anti-immigrant party to be confirmed rightwing extremist and placed it under observation, potentially paving the way for an official ban.
Although some top officials in Merz’s right-left governing coalition support such a move, the constitutional as well as political hurdles would be high. The AfD’s “extremist” designation is under judicial review.
Björn Höcke, the leader of the party’s most radical wing, welcomed Tuesday’s ruling in favour of Compact as setting a high bar for any government crackdown. “Instead of going after Islamists, she [Faeser] hunted down harmless critics of the government,” he posted on X.
Elsässer thanked the judges and predicted the ruling would have a chilling effect on any attempt to outlaw the AfD. “If it wasn’t possible to ban Compact, it’s also impossible to ban the AfD,” he said.