The Social Democratic Chancellor Olaf Scholz now openly admits that only those who hold the “right” opinions are covered by European freedom of speech.
– We have the freedom of speech in Europe and in Germany. Everyone can say what he wants, even if he is a billionaire. And what we do not accept is if this is supporting extreme-right positions, and I really want to emphasize that, Scholz said yesterday during the World Economic Forum summit in Davos.
The German leader’s comments came against the backdrop of Elon Musk causing a stir during Trump’s inauguration ceremony after making a gesture that many of his opponents chose to interpret as a “Nazi” or “fascist” salute.
The same Musk has previously criticized Scholz very harshly, calling the chancellor an “incompetent fool” who should resign. The multi-billionaire has also given his support to the German nationalist party AfD – a party that many of Scholz’s allies want to ban completely.
Dear colleague Mr. @Bundeskanzler Scholz,
As a lawyer, you should actually, know that right-wing positions and extreme right-wing positions are also protected by Article 5 of the Grundgesetz (our Constitution, freedom of speech) as long as they do not violate criminal law.Your… pic.twitter.com/Zf0pAoN1Th
— Markus Haintz (@Haintz_MediaLaw) January 21, 2025
Surprise and anger
Germany has long had some of the toughest opinion laws in Europe. Nationalist and anti-immigration speech is often punishable – as is speech that can be interpreted as favorable to the historic National Socialist regime.
Yet Scholz’s statements that only certain political views are covered by freedom of expression have caused great surprise and anger. He is also accused of being a totalitarian leader who seems to have drawn inspiration from old communist regimes where freedom of expression did not exist.
Other critics point out that he has misunderstood both his mandate and the German constitution and that even “extreme right-wing views” are protected by the constitution – as long as they do not violate criminal law.