Flag of freedom? AfD and the right to expression!

Flag of freedom? AfD and the right to expression!

In a current analysis for the use of the German flag, the constitutional lawyer Hubertus Gersdorf from the University of Leipzig made it clear that the federal flag can be used by everyone without the federal eagle. This view is supported by the jurisprudence, which states that the AfD on the flag does not be named as a disparage of the federal flag.

The AfD feels legitimized as a political party until a possible ban by the Federal Constitutional Court in the political discussion in Germany. Hennig Bahr, an administrative lawyer, emphasizes that the criminal offense to protect the federal flag is limited to the disparage of the symbol. The protection of the federal flag is in a area of ​​tension between freedom of expression and freedom of art.

Legal aspects of the use of flags

It was found that there is no brand protection of the state for the federal flag, which means that it can also be used for expressions of opinion. The connection between the AfD and the colors of the federal flag is not regarded as a disparagement, since the party falls under the party privilege and can therefore act as part of the political discourse, such as mdr reported.

Further information on the legal aspects of the disposal of the state and the use of national symbols can be found in an official document of the Bundestag, the here

-transmitted by West-Ost-Medien