16. When is freedom of expression restricted in Germany?

Answer options

1. when publicly disseminating false factual allegations about individual persons
2. when expressing opinions about the Federal Government
3. during discussions about religions
4. when criticizing the state

Explanation

Article 5(1) of the Basic Law guarantees freedom of expression, but Article 5(2) subjects it to general laws, protection of youth, and the right to personal honor. Untrue factual allegations about individuals are typically not protected and may be restricted under defamation and honor-protection provisions (Criminal Code §§185–187) as well as prohibitions such as incitement to hatred (§130). Under the Lüth judgment (BVerfGE 7, 198), such limits must be interpreted in interaction with free speech (Wechselwirkungslehre) and are constrained by proportionality and the guarantee of the essence of the right (Art. 19(2) GG). By contrast, value judgments criticizing the state, the federal government, or religions are in principle protected.