Thüringen’s AfD party leader, Björn Höcke, is permitted to speak at planned events in Allgäu and Oberfranken this weekend. This decision was made by the Bavarian Administrative Court.
Court Decisions Differ on Höcke’s Speaking Engagements
The court’s decision regarding the Allgäu event affirmed a prior ruling by the Augsburg Administrative Court. That court found the ban on Höcke’s speech, issued by the town of Lindenberg for a Sunday AfD event, was not adequately justified.
However, the Bavarian Administrative Court reached a different conclusion concerning Oberfranken. The Bayreuth Administrative Court had already rejected an urgent application by the AfD against a speaking ban for Höcke imposed by the Oberfranken community of Seybothenreuth. This rejection was based, in part, on Höcke’s two prior convictions for using a prohibited Nazi slogan.
The Bavarian Administrative Court stated that, in expedited proceedings, only a preliminary review is possible. Based on this, even considering Höcke as a speaker, there is not sufficient probability that the events would involve the dissemination of content that approves of, glorifies, or justifies National Socialist violence and tyranny.
The court also stated there is no basis to assume antisemitic content would be disseminated. The court found that the municipalities had not adequately demonstrated that the planned events would likely include statements that violate legal rights or pose a recognizable threat to public safety.
The court also considered “not least the topic of the event (presentation of candidates for the local elections)” in its assessment.
What Happens Next?
The city of Lindenberg could file an appeal with the Bavarian Administrative Court. The AfD could also challenge the decision in Oberfranken. Further legal challenges could occur as the case progresses through the court system.
Frequently Asked Questions
What led to the initial attempt to ban Björn Höcke from speaking?
The towns of Lindenberg and Seybothenreuth attempted to ban Höcke from speaking at AfD events, citing concerns about potentially unlawful statements and his prior convictions for using a prohibited Nazi slogan.
Why did the court allow Höcke to speak in Allgäu?
The court determined that the town of Lindenberg did not provide sufficient justification for the speaking ban, and that there was not enough evidence to suggest Höcke would make statements that would violate legal rights or pose a threat to public safety.
Why was the ban upheld in Oberfranken?
The court in Oberfranken rejected the AfD’s appeal, citing Höcke’s two prior convictions for using a prohibited Nazi slogan as part of its reasoning.
As these decisions highlight the complexities of balancing free speech with concerns about extremist rhetoric, what role should local authorities play in regulating political speech?
