PM junge Welt: Written judgement in the trial jW vs. Federal Republic of Germany with absurd allegations

As reported in the weekend edition of 26-27 October 2024 of the Berlin-based daily newspaper junge Welt, the written judgement of the Berlin Administrative Court in the newspaper's lawsuit against the Federal Republic of Germany is now available after three months, according to which the naming of junge Welt in the report of the domestic intelligence service would be legal. There is ‘numerous and sufficiently condensed evidence’ that the Junge Welt is actively seeking to ‘establish an anti-constitutional socialist-communist social order according to a classical Marxist understanding’. The judge views the fact that this cannot be inferred from the newspaper itself and that the jW is rather defending democratic fundamental rights and liberal legal norms as tactically motivated.

The central point of reference in the judgment is the ‘endorsement of Lenin and his theory’ by the junge Welt, which the court summarises as the introduction of a one-party dictatorship. Although the junge Welt does not propagate a one-party system, the paper must nevertheless be held accountable for Lenin's views on the matter. The reason given for this is that the junge Welt owns rights to Lenin texts, has published three books by and about Lenin, ran a ‘Lenin Bar’ at a UZ press festival and illustrated a column entitled ‘Red Light’ with the heads of Marx, Engels and Lenin. As a second ‘important factual clue’, the judge sees connections between the junge Welt and the Communist Party of Germany (DKP). The judge said that the chairman of this party, Patrick Köbele, ‘is repeatedly given the opportunity by the jW to promote his political views in a media-effective way’. In addition, there are ‘personal ties’. The judge names six out of over 100 current or former employees of the Junge Welt who have demonstrated their proximity to the DKP or are even members of the party – and just two out of over 800 authors per year. It is true that only some authors and employees could be assigned to the DKP, but the report of the domestic secret service ‘Verfassungsschutz’ (Office for the Protection of the Constitution) also only speaks of ‘individuals’ and ‘some’, so this is in line with the facts.

The judge then goes on to say that the Junge Welt not only has ‘an anti-constitutional attitude’, but also actively seeks ‘the establishment’ of a one-party dictatorship. His statements culminate in the insinuation that the actions of this newspaper are ‘decisively motivated by the will to overcome the current capitalist system and to reverse the counterrevolution.’ It is therefore ‘in the interest of the jW if the readership, enlightened by its propaganda (...), proceeds in the spirit of Lenin to initiate the socialist revolution by force or political crimes.’ Despite such claims, the judge ultimately refused to allow an appeal ‘because the case is not of fundamental importance’.

Junge Welt editor-in-chief Nick Brauns sees the verdict and its reasoning as an infringement of freedom of expression and freedom of the press. He rejects the judge's ‘absurd insinuation’ that Junge Welt wants to restore the German Democratic Republic (GDR) through revolution and abolish the Basic Law. Managing director Dietmar Koschmieder, who is representing the plaintiff in the proceedings, emphasises that although a defeat in the first instance was to be expected, the grounds for the judgment go far beyond anything the Office for the Protection of the Constitution has previously accused the newspaper of. Junge Welt will now apply to the Higher Administrative Court for leave to appeal. When the lawsuit was filed in 2021, Junge Welt and the publishing house 8. Mai GmbH emphasised that they would take the matter to the European Court of Justice if necessary.

We will be happy to answer any questions.