The Basic Law for the Federal Republic of Germany says in Article 5:

  • (1) Everyone has the right to freely express and disseminate their opinions in word, writing and images and to obtain information without hindrance from generally accessible sources. Freedom of the press and freedom of reporting through radio and film are guaranteed. A censorship does not take place.
  • (2) These rights find their limits in the provisions of general laws, the legal provisions for the protection of young people and in the right to personal honor.
  • (3) Art and science, research and teaching are free. Freedom of teaching does not release us from loyalty to the constitution.

It is very important to understand this entire article, because freedom of expression does not mean that you can express every profound opinion and thought, because freedom of expression has its limits.

The limits of freedom

These barriers are important and clearly set, because the freedom of my views ends exactly where the rights and basic laws of others are violated or are in danger. Because here a basic law comes into force that stands above freedom of expression (yes, that works!):

Article 1 of the Basic Law.

  • (1) Human dignity is inviolable. Respecting and protecting them is the obligation of all state authorities.
  • (2) The German people are therefore committed to inviolable and inalienable human rights as the basis of every human community, peace and justice in the world.
  • (3) The following fundamental rights bind legislation, executive power and case law as directly applicable law.

This is considered the supreme article by which everything else is governed.

You can also do this very simply with shapes and colors to explain: my article 5 (red circle) ends exactly at the point where it meets someone else's article 1 (green circle). There's nothing to complain about either.

image

The moment the red circle intersects the green circle, there is an injury. Freedom of expression has exceeded its limits. These limits are, for example:

  • defamatory insults or slander,
  • excessive criticism of one's own or foreign highest state representatives,
  • Violation of morality and the protection of minors,
  • Violation of public safety

(In Germany, “excessive criticism of our own or foreign highest state representatives” is less serious, in other countries this aspect applies more. However, what many people are less aware of is Section 90a, denigration of the state and its symbols .)

But back to freedom of expression in words:

Anyone who calls others “cattle”, publicly wishes them dead or spreads untruths has recently left the field of freedom of expression and committed a violation of the law. Actually, it's quite simple: if I reject a person, I can express it like this:

I don't like this person and therefore he is unwelcome to me. She should leave my environment if possible.

Well, that's something covered by freedom of expression, no one can claim otherwise.

These animals were supposed to die in a concentration camp.

No, that would be a right-violating statement, which is not covered by freedom of expression because it violates the rights of others. Freedom of expression is to be valued as a valuable asset, but it also includes respect for its limitations in the provisions of general laws, the legal provisions for the protection of young people and the right to personal honor.

Article and preview image: Sudowoodo / Shutterstock.com


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Notes:
1) This content reflects the current state of affairs at the time of publication. The reproduction of individual images, screenshots, embeds or video sequences serves to discuss the topic. 2) Individual contributions were created through the use of machine assistance and were carefully checked by the Mimikama editorial team before publication. ( Reason )