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limitation of freedom of speech in german basic law, provision for islamism 2.0

Reader comment on item: Why I Stand with Geert Wilders
in response to reader comment: To Myth

Submitted by myth (Germany), Feb 3, 2010 at 17:05

Peter, here's a link to the german basic law from 1949: https://www.btg-bestellservice.de/pdf/80201000.pdf

article 2 limits one right against other rights. article 5 presents a limitation of freedom of speech by "laws (...)and in the right to personal honour." article 18 punishes the abuse of freedom-of-speech in an islamism 2.0 type of scenario: (...)abuses the freedom of expression (...) in order to combat the free democratic basic order shall forfeit these basic rights.(...) Whereas the us first amendment clearly allows for conflict with the congress the german basic laws tries to balance things right from the start with some sacrifice.

From a standpoint of commonsense it is clear that there is no freedom of speech as such but a regulation complicated enough to require a court to settle it. important articles: Article 2 [Personal freedoms] (1) Every person shall have the right to free development of his personal- ity insofar as he does not violate the rights of others or offend against the constitutional order or the moral law. Article 5 [Freedom of expression, arts and sciences] (1) Every person shall have the right freely to express and disseminate his opinions in speech, writing and pictures, and to inform himself without hin- drance from generally accessible sources. Freedom of the press and free- dom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship. (2) These rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons, and in the right to personal honour. (3) Arts and sciences, research and teaching shall be free. The freedom of teaching shall not release any person from allegiance to the constitution. Article 18 [Forfeiture of basic rights] Whoever abuses the freedom of expression, in particular the freedom of the press (paragraph (1) of Article 5), the freedom of teaching (paragraph (3) of Article 5), the freedom of assembly (Article 8), the freedom of as- sociation (Article 9), the privacy of correspondence, posts and telecommu- nications (Article 10), the rights of property (Article 14), or the right of asylum (Article 16 a) in order to combat the free democratic basic order shall forfeit these basic rights. This forfeiture and its extent shall be de- clared by the Federal Constitutional Court.


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