Freedom of Speech: Lawsuits Replacing Debate in Germany

Ronen Steinke argues that Germany’s freedom of expression remains broad but is increasingly constrained by criminal law and more aggressive enforcement. He warns that disputes once handled through debate or social sanction are now being referred to police and courts, driven by expanded legal definitions (e.g., approval of crimes, incitement/Volksverhetzung) and tougher prosecutorial practices. Statistical trends cited include a doubling of investigations for Volksverhetzung over the past decade and roughly 250,000 yearly insult investigations. Steinke acknowledges the necessity of prosecuting clear calls for violence but contends the pendulum has swung too far, risking the criminalization of what used to be polemical or coarse public discourse.