House searches for expressing opinions: Freedom in danger?

House searches for expressing opinions: Freedom in danger?

In Cologne, there are increasing reports of house searches resulting from unpleasant expressions of opinion. This not only causes disillusionment among citizens, but also raises questions about protecting freedom of expression. According to a report in the Bayerische Staatszeitung, such measures have lasting consequences for those affected who doubt their privacy. Courts should not order such far-reaching interventions lightly; after all, the Basic Law guarantees freedom of expression and the inviolability of the home. Bavarian state newspaper reports on cases in which harmless statements led to investigations and also mentions the publicist Norbert Bolz. His comment on a taz post that called for a ban on the AfD became the reason for an investigation. The phrase “Germany awakens” that Bolz used has a problematic historical connotation that got him into legal trouble.

The issue has now reached politics. A new draft law aims to strengthen freedom of expression by banning house searches for defamatory crimes, such as insults. This is reported by the Bundestag summarizer website. The draft was submitted by members of the AfD parliamentary group, which shows that the discussion is not only taking place locally, but also at a national level. The background to this is the increasingly frequent criminal prosecution, especially against politicians, who systematically search for offensive statements on social media. Ordinary citizens, on the other hand, often go unnoticed.

The other side of the coin

Of course there is also criticism of these measures. Critics fear that the increasing use of reporting centers and the associated crackdown will lead to a chilled effect on expression of opinion. The increase in house searches for petty crimes like the “idiot” meme also shows that the boundaries of what can be said are becoming more and more blurred. If terms like “dick” or “drunk head” can lead to such measures, many people feel restricted in their ability to express their opinions.

The planned changes to the Code of Criminal Procedure make it clear that house searches should be inadmissible if defamatory crimes are suspected. This should not only strengthen trust in the rule of law, but also protect fundamental rights. According to the federal government summarizer, the measure is compatible with EU law and international treaties. It is also emphasized that the changes should not entail any additional costs for the federal budget or citizens. Bundestag summarizer emphasizes that there should be no new bureaucratic costs and that no alternative solutions are presented.

This development not only raises questions about the handling of freedom of expression, but also affects the everyday lives of many people. As can be seen in Cologne, you should think carefully about what you think or say publicly. The fear of reprisals from the law could have a significant influence on communication behavior in the future.