Overview
- The Schleswig-Holstein Higher Administrative Court dismissed Nius’s expedited complaint on Thursday, leaving a lower court’s refusal to order a retraction or ban in place.
- Judges found Daniel Günther spoke as a party politician rather than in his official role, applying a context test for talk shows and the “double role” of officeholders.
- The ruling explained that officials must stay neutral when acting in office, yet they keep free-speech rights when speaking as party figures or private citizens.
- The case stems from Günther’s January 7 appearance on ZDF’s Markus Lanz, where he called “Nius and such portals” enemies of democracy and described Nius articles as completely fact-free.
- Günther called the decision a win for free speech, and Nius’s lawyer said he will ask the Federal Constitutional Court in Karlsruhe to review the case.