6 Art. 5 GG: Freedom of Communication and Art

Abstract

This chapter discusses Art. 5 of the Grundgesetz (GG), which guarantees freedom of communication, art and science. It first considers the jurisprudence of the Federal Constitutional Court concerning the scope of protection for freedom of opinion, focussing on the importance of such freedom in a democratic community, consequences flowing from the importance of freedom of opinion, and limits on the protective scope of freedom of opinion. The chapter then examines the scope of protection for freedom of information, freedom of the press and freedom of broadcast before analysing the limits on the reservation of the fundamental rights protected in Art. 5 GG, with emphasis on the problematic nature of limits imposed by general laws, the doctrine of reciprocity and the principle of proportionality, and the balancing of interests between freedom of opinion and a protected legal interest. Finally, the chapter describes the scope of protection for artistic freedom.