Verwaltungsgericht Frankfurt am Main, 5. Kammer - 21.03.2024
Case- Case number
- 5 L 973/24.F
- Country
- Germany: Federal Republic of Germany (1949-today)
- Case Description
This case involves an urgent legal challenge against restrictions imposed on a pro-Palestinian assembly titled "Stop the war in Gaza Save Rafah," scheduled for March 23, 2024, in Frankfurt. The city authorities (the respondent) had issued a decree prohibiting specific slogans and calls, which contain a ban calling for the destruction of Israel and a ban on the slogans "Jews child killers" ("Juden Kindermörder") and "From the river to the sea" (in any language). The Court found that restrictions require an immediate danger to public safety based on concrete and comprehensible facts. The court ruled that mere suspicions, vague conjectures, or the organizer’s affiliation with the non-banned association "Palestine e.V." were insufficient to justify the bans. Regarding the phrase "Jews child killers," the court acknowledged its criminal relevance under § 130 StGB but found no concrete evidence that it would actually be used during this specific assembly, especially since the organizer had distanced herself from antisemitism. The court ruled that the police should instead intervene on-site if such crimes occur rather than banning them preemptively.
§ 14 Abs. 1 HVersFG, Art. 8 Abs. 1 GG, Art. 5 Abs. 1 GG, § 130 StGB, § 86a StGB, § 20 VereinsG
- Name of Court
- Verwaltungsgericht Frankfurt am Main
- Date of decision
- Mar 21, 2024
- Subjects
- Freedom of Assembly
- Freedom of Speech
- Type of Court
- Court of first instance
- Area of Law
- Administrative Law
- Year
- 2024
- Generated ID
- GJV8443-4427
- Geolocation
Latitude: 50.1198941
Longitude: 8.6472636
- Geolocation
- Not present