Germany: Constitutional Court protects freedom of speech for Pro-Life Activists

By J.C. von Krempach, J.D. | July 28, 2010

The German Constitutional Court has adopted a landmark judgment upholding the right of pro-life activists to name and shame medical practitioners practising abortions. Cease and desist orders issued by a lower instance of the judiciary, by which a petitioner was ordered to desist from such naming and shaming, where quashed, as they violated his freedom of opinion and expression.

It is hoped that this judgment will provide guidance to law courts not only in Germany, but also in other European countries where similar litigation is likely to occur. This specifically concerns the situation in Austria, where the municipal authorities of Vienna have issued a decree severely curtailing the right of pro-life activists to express their views in public.