Freedom of expression in Germany is protected under Article 5 of the Basic Law, but it comes with notable restrictions aimed at safeguarding personal honor, privacy, and youth. Lawyer Ralf Poscher underscores the historical significance of honor in German law, linking it to cultural values that permeate the legal system. This contrasts with the U.S., where the First Amendment protects a broader range of speech, including offensive content. Notably, actions such as libel and Holocaust denial are criminal offenses in Germany, showcasing the country's stricter approach to freedom of expression compared to American standards.
This originates from the time in history when notions of honor were even more important. They were then embraced by the middle classes too, and were incorporated into our legal system.
The United States First Amendment law, which is our constitutional provision that protects free speech, is one of the strongest, I think it's fair to say it's the most speech protective national law in the world.
So if you think the message is hateful, or you think the message is extremist, or you think the message is advocating violence: Whatever negative content the message has, that alone is never going to be enough to justify suppressing it in our country.
Collection
[
|
...
]