A tweet by Federal Interior Minister Nancy Faeser (SPD) about protests against corona protection measures was legally permissible according to a judgment by the Berlin Administrative Court.
The court decided in summary proceedings, as a spokesman announced on Tuesday.
On January 19, Faeser tweeted on her private account: "I repeat my appeal: You can express your opinion without meeting in many places at the same time".
The applicant wanted to have this statement banned by a court because he felt that his fundamental right to assembly was thereby impaired.
However, the court rejected his urgent application.
(Ref. VG 6 L 17/22)
The judges argued that the man did not sufficiently show that the statement affected his rights.
Because the tweet does not refer to the meetings he has registered against government corona measures.
Rather, Faeser's statement was directed against unregistered protests, in which people gathered in many places at the same time for so-called walks.
In addition, from the point of view of the judges, it was merely “a non-binding appeal that did not contain any general disparagement or disapproval of protests against corona measures”.
Irrespective of this, the content of the statement is also covered by the authority of the federal government to carry out public relations work.
Because the minister's appeal was not about a disparagement of positions critical of the government.
Rather, she would have had an eye on the work of the security authorities, who would have to guarantee meetings and at the same time ensure that the corona measures were enforced.
An appeal against the decision can be lodged with the Berlin-Brandenburg Higher Administrative Court.