Anti-Semitism allegation against Naidoo covered by freedom of expression

Status: 12/22/2021 10:35 a.m.

Pop singer Xavier Naidoo was allowed to be described as an anti-Semite in a lecture. The Federal Constitutional Court thus overturned the referral’s conviction for omission. The lower court had therefore insufficiently considered freedom of expression.

By Bernd Wolf, ARD legal editor

The Federal Constitutional Court (BVerfG) has overturned two court rulings in which a political officer was banned from calling pop singer Xavier Naidoo an anti-Semite. The two judgments by Bavarian courts violated the woman’s freedom of expression, the court in Karlsruhe decided. The speaker had previously lodged a constitutional complaint.

In a lecture at the non-profit Amadeu Antonio Foundation on the subject of “Reich Citizens – Conspiracy ideologies with German specifics”, she said about Naidoo in front of an audience: “He’s an anti-Semite, I think I’m allowed to say that, but not so openly. But that is structurally verifiable “.

Lower courts upheld Naidoo’s lawsuit

In response to the pop singer’s lawsuit, two Bavarian courts forbade her to call him an anti-Semite. This is a particularly far-reaching and intensive interference with Naidoo’s personal rights, it said.

The Constitutional Court now contradicted: The results of the judgments of the lower courts fail to recognize the importance and scope of freedom of expression in the public opinion struggle, which is also used with sharp statements in the case of publicly discussed articles that arouse social interest, according to the court.

File number: 1 BvR 11/20

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