Bans on NS slogans? Law largely 'symbolic' - Bavaria's new law fails to stop far-right politician Björn Höcke's speeches
New Rule Fails to Block Far-Right Politician's Speeches—What Now?
A recent legal amendment was meant to make it easier for municipalities to ban events likely to glorify Nazism. Yet far-right politician Björn Höcke was still allowed to speak. Now many are asking: Does the new rule actually work?
According to a legal scholar, the updated Bavarian Municipal Code offers little practical help in preventing controversial politicians from using public buildings for their events. Tristan Barczak, a professor of public law at the University of Passau, told the German Press Agency (dpa) that the legal basis is "largely symbolic."
The issue came to a head after Bavarian towns attempted to block appearances by Höcke, a prominent figure in the far-right Alternative for Germany (AfD) party, over the weekend. Local authorities sought court orders to stop his events but failed. Höcke ultimately spoke on Saturday in Seybothenreuth, Upper Franconia, and on Sunday in Lindenberg in the Allgäu region.
Barczak explained that the new Bavarian regulations governing the use of public spaces—which the two municipalities had invoked in court—are difficult to apply in practice.
New Rule Must Not Become a Blanket Ban on Speeches
The provision states that public venues can deny access to events expected to feature antisemitic propaganda or content that approves, glorifies, or trivializes Nazi rule.
However, Barczak cautioned that this rule must not be used as a blanket justification for banning speeches. He also noted that Höcke's appearances were part of his election campaign—an area where restrictions must be applied with particular care.
To deny someone use of a town hall, authorities must demonstrate, on a case-by-case basis, that the specific event in question is likely to include such statements. Even Höcke's two prior convictions for using Nazi slogans do not automatically justify a blanket ban, Barczak stressed. The legal hurdles for imposing a venue or speaking ban remain extremely high.
Court Overturns Local Bans on Höcke's Speeches
After conflicting rulings from two lower administrative courts, Bavaria's Higher Administrative Court ruled on Friday that Höcke could proceed with his planned appearances in both towns. Thousands of protesters later took to the streets in opposition to his events.
The court found that there was no sufficient evidence to suggest that Höcke's speeches would, with high probability, include antisemitic or Nazi-glorifying content. Since the municipalities had not provided adequate justification for their concerns, the judges ruled that freedom of speech—as enshrined in Germany's Basic Law—could not be restricted.
Has the New Rule Failed to Deliver?
Local officials have since criticized the recently amended municipal code. "The new legal provision has turned out to be a blunt instrument," said Lindenberg's mayor, Eric Ballerstedt.
A spokesperson for the Bavarian Association of Cities told dpa that, given the courts' rulings, serious questions remain about whether the law's requirements can realistically be met in practice.
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