Kickl wins in court: No connection to Hitler allowed!

Kickl wins in court: No connection to Hitler allowed!

Vienna, Österreich - FPÖ boss Herbert Kickl has again won a victory in court. In a procedure against the “Platform Austria” association, which had compared him with Adolf Hitler, the Vienna Higher Regional Court decided that the association's appeal was not permitted and dismissed it. The Commercial Court had previously sentenced the association to omission and compensation, since the video that Kickl with a black and white picture of a theater of war and the title "Want this? Our Austria is in danger", produces unjustified associations with National Socialism. Kickl's picture was shown with the term "project People's Chancellor", which the court considered not sufficient for a direct connection to Hitler or mass murder.

The legal conflict was triggered by the publication of a sensational video that caused excitement before the 2024 National Council election. In this clip there was a portrait of Kickl that was labeled with a fracture writing-a style that was also used in the Nazi era. The commercial court found that Kickl's subsequent connection with the Second World War and National Socialism was not durable. The Higher Regional Court was largely based on this previous assessment, which met with mixed reactions in the legal community.

legal steps and resistance

Kickl, who is considered controversial, introduced legal steps against Robert Luschnik, the board of the association. Interestingly, Luschnik has a political past among the Greens and the Neos. In January 2024, Kickl already achieved a first success in front of the commercial court, which condemned the association for paying 5,000 euros in damages and the publication of the judgment on Google Ads. However, this did not lead to an end to the disputes, since the association made an appeal to the Supreme State Court of Justice, which was later rejected.

The Higher Regional Court decided that the video established a frowned upon connection to National Socialism and that the criticism of Kickl was not objectively justified. The association now has to pay an additional 4,000 euros. These legal arguments throw a light on the explosive topic of freedom of expression and its limits, especially with regard to the Nazi past and public discourse. In this context, the question arises whether such comparisons are permitted in a democratic system, especially if they are considered insulting or offensive by the predominant opinion.

freedom of expression and its limits

The topic of freedom of expression and its limits is as topical in Germany as the events in Austria show. Article 5 of the Basic Law grants freedom of expression as long as no laws are violated. Promoting the Nazi era is considered punishable if it endangers public peace. In public discourse, it is repeatedly emphasized that German identity is also shaped by dealing with the Nazi past. Whether it is appropriate to look at a politician like Kickl in the context of Hitler is still being discussed intensively in the political and legal circles.

Although the opportunity is being discussed, it remains unclear how the debates will develop in the future and what role they will play in advance of the upcoming elections. The Higher Regional Court has drawn a clear line with its decision, but the questions about the authenticity and quality of political criticism remain relevant.

The story shows how important the dealings with the Nazi past and dealing with language and symbolism are important in politics. Future developments in this area may be expected.