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Nancy Faeser (SPD): "Non-binding appeal" (symbol image)
Photo: Christophe Gateau / dpa
A tweet by Federal Interior Minister Nancy Faeser (SPD) about protests against corona measures was permissible after a ruling by the Berlin Administrative Court.
The court decided in summary proceedings, according to a statement.
On January 19, Faeser tweeted on her private account: "I repeat my appeal: You can express your opinion without meeting in many places at the same time".
The applicant wanted to have this statement banned because he felt that his fundamental right to assembly was being infringed upon.
However, the 6th chamber rejected his urgent application.
The man did not sufficiently show that the statement affected his rights.
The tweet does not refer to the meetings he has registered against government corona measures.
Rather, Faeser's statement was directed against unregistered protests, in which people gathered in many places at the same time for so-called walks.
A "non-binding appeal," say the judges
In addition, from the point of view of the judges, it was merely “a non-binding appeal”.
It does not contain any general "devaluation or disapproval" of protests against the protective measures.
Irrespective of this, the statement is permissible in the context of public relations work by the federal government.
Because the minister's appeal was not about a disparagement of positions critical of the government.
Rather, she wanted to point out the "difficulties for the work of the security authorities."
The authorities were therefore faced with the difficulty of allowing freedom of assembly in numerous places - and at the same time enforcing the corona rules.
The plaintiff can lodge an appeal against the decision, which would be decided by the Berlin Higher Administrative Court.
File number VG 6 L 17/22
jpz/dpa/AFP
