In his guest commentary on Legal Tribune Online (LTO) on 22 August 2024, Wolfgang Schulz explains the “delicate balancing act” between protecting the rule of law and ensuring the freedoms guaranteed by fundamental rights, which the decision of the Federal Administrative Court of 14 August 2024 regarding the so-called “Compact” ban has achieved. The constitutional state must fight its enemies, but it must not sacrifice its principles in doing so.
The Federal Administrative Court had suspended the ban on the magazine “Compact” (among others) for the time being. Wolfgang Schulz considers the decision to be a calm response to the anti-democratic attacks on the constitutional state, which were also initiated by the magazine “Compact”. However, he warns that the protection of freedom of the press must be guaranteed in the future on the basis of clearer standards. Beyond the case of the “Compact” ban, this would also require specific media law regulations.
Prof. Dr. Wolfgang Schulz holds the Chair of Media Law, Public Law and Legal Theory at Universität Hamburg, is Director of the Leibniz Institute for Media Research | Hans-Bredow-Institut, Director of the Alexander von Humboldt Institute for Internet and Society and holds the UNESCO Chair on the Freedom of Communication and Information.