Freedom of Speech: Fighting Hate Without Losing Liberty

• Under German Basic Law, freedom of speech is guaranteed to everyone, including "enemies of freedom," regardless of the content's accuracy or danger.
• Legal intervention is only permissible when speech crosses from the realm of thought into concrete legal violations, threats, or incitement to aggression.
• Current trends show increased pressure on freedom of speech, with courts increasingly scrutinizing the ideological alignment of political parties and civil servants with the constitution, raising concerns about potential overreach.

Limits of Expression

• Freedom of speech is an unconditional freedom of the mind, protecting even those who advocate for the abolition of the current liberal order.
• The state cannot restrict speech simply to protect the "general sense of peace" or prevent the "poisoning of the climate" caused by controversial or totalitarian ideologies.
• For individuals and non-party associations, the standard remains that speech can only be restricted if it is pursued in an aggressive, militant manner that threatens legal goods.

Political Parties and Public Service

• Recent jurisprudence for party bans has shifted toward examining whether a party’s core program aligns with the constitution’s image of humanity, effectively restricting the intellectual freedom of political organizations.
• The debate over political loyalty in the public service has resurfaced, with concerns that modern screening practices for civil service candidates may mirror past, illiberal "Radical Decrees" (Radikalenerlass).

Digital Challenges and Regulation

• Conflict and the challenging of social taboos are vital components of a free society, which the courts must protect against social power that seeks to silence dissent.
• Effective communication rules are necessary to mitigate manipulation, hate speech, and the specific logic of social media platforms.
• Regulations like the EU’s Digital Services Act (DSA) and Digital Markets Act (DMA) represent a necessary, albeit difficult, effort to curb systemic manipulation while maintaining the fundamental risk and openness inherent in free speech.