On December 21, 2025, a Bavarian municipality rented its municipal hall to a district branch of the AfD for a campaign event on February 14, 2026, but subsequently imposed an administrative condition (Auflage) excluding Björn Höcke from speaking after learning of his planned appearance, arguing that his past convictions for using unconstitutional slogans (§ 86a StGB) and prior statements created a concrete danger of criminal offenses and antisemitic content under Art. 21(1a) BayGO[3]. The Administrative Court of Bayreuth initially upheld the restriction, but the Bavarian Higher Administrative Court (BayVGH) granted the applicant's appeal and restored the suspensive effect of the action, ruling that the municipality failed to provide a sufficient danger prognosis because past convictions and statements from several years ago do not establish a high probability of future criminal acts at the specific rally, while affirming that freedom of expression under Art. 5(1) GG covers radical or offensive speech unless concrete evidence demonstrates that it will cross the threshold into active aggression or a breach of public peace.

BayGO Art. 21 Abs. 1, Abs. 1a GG Art. 5 Abs. 1 S. 1, Abs. 2 BayVwVfG Art. 49 Abs. 2 S. 1 Nr. 4