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PRIVATE LAW Lawyer s Ranking From A Constitutional Perspective: The Federal Constitutional Court s JUVE-Handbook Decision* By Kristopher Both In November 2000, the Bundesverfassungsgericht (Federal
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1 There's a basic constitutional principle: “The press will enjoy respect if it only reports the general opinions of the public and does not become a party to the debate.” 2 The Federal Constitutional Court held that to the extent the advertisement in question, published in the magazine “Her Standard” (Structure), concerned and advocated for a certain view of the state or the country s politics, this was not a matter of legitimate state interest that was to be protected by freedom of expression as such. Instead, the court upheld the constitutional importance of the free market economy and the state s legitimate obligation to be impartial between competitors in the market and the freedom of association. It also pointed out that public debate may take the form of advertisement, and that a state s obligation to maintain a democratic society requires the protection of the marketplace in which free competition is practiced. Thus, the Federal Constitutional Court decided that the right to free speech was limited by Article 17 of the Basic Law; it did not allow a state to limit the freedom of expression of political groups or individuals. The ruling in the case JUVE-Handbook-Verbindung is of great importance for Germany s public debate over the rights of political groups in the media, and the constitutional position of Germany at that time as regards the freedom of opinion. 1. JUVE-Handbook VB — Rebinding in Verhandlungen, Band 7, BD. 3, S. 705(1913) (on this point cf. Die Türkisierungsbericht, Band 4, BD. 6, S. 812(1913) ; Rebinding in Politic, Band 2, BD. 8(1911)) 2. The Federal Constitutional Court, in a similar case which concerned advertisements in “Her Standard”, stated that the right to freedom of the press was limited by the principles of freedom of the person and due process of law. (JUVE-Handbook-Verbindung, II, S. 753-754 (1913)) 3. Die Political Jug end, III, S. 15 (1866) ; JUVE-handbook v. Landesverfassungsgericht II, BD. 8, S. 16-17 (1892) ; Rebinding in Politic, Band 2, BD. 8 (1911-12, 1912-13, 1928-29) 4.

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