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ADF Democracy-Deniers in the City Council Still on a Campaign of Destruction?As already reported, last Friday the law firm Fehse & Szabó from Halle contacted Bürgerstimme by email demanding that the video recording of the city council meeting from 7 November 2024 be removed from the internet. 
Go to the previous article HERE! I was also given a deadline until 11 November 2024, 2 p.m., to sign and return the attached cease-and-desist declaration. I did not do this because it would have meant agreeing to pay damages of 5,000 euros plus the likely subsequent lawyer’s bill of around 730 euros. Not a bad fee for an email just before quitting time, right? I demanded that the law firm first provide a power of attorney proving that they are actually authorized to represent. Furthermore, I wrote that I consider the lawyer’s actions to be coercion under §240 of the Criminal Code, extortion under §253 StGB, fraud under §263 StGB, threat under §241 StGB, and potentially usurpation of public authority under §132 StGB. On 13 November 2024, lawyer Fehse sent an email attaching a power of attorney. He considers my view regarding the named offenses an insult to him and his client and threatened to report this. Apparently, we have very different opinions. I had shared my opinion with him. Lawyer Fehse seems quite thin-skinned regarding others’ opinions but quickly demands 5,000 euros plus legal fees, which I am apparently just supposed to accept. I have not threatened him with legal action so far. Lawyers, as officers of justice, are essential for the functioning of a democratic constitutional state. By promoting law and justice, they contribute to the stability and development of democracy in Germany. Attorney Fehse could have weighed the situation and advised his client that in this German and democratic republic, freedom of the press is a very high value and that city council members are obligated to transparency toward citizens, including their own voters. He might also have advised that a large part of the population is very dissatisfied with politics, referenced recent city council election results, and questioned whether it is really appropriate to attack press freedom by those who earlier this year claimed to defend democracy against the right-wing. But perhaps lawyer Fehse just wanted to honor his bank account with an incoming payment.
A Look at the LawsWhen disputes like this arise, one must examine the legal situation. The fact is that image and sound recordings are basically allowed under municipal law. Everything else is governed by the rules of procedure—in this case, those of the Weißenfels city council. There it is also stated that recordings are allowed and only need to be registered. The only limitation mentioned is something about a "legitimate individual case," which is very vague. So far, the council members have not explained why they themselves would constitute a "legitimate individual case." The city of Weißenfels apparently claims that no justification of a legitimate individual case is required. However, in this Federal Republic of Germany, the prohibition of arbitrariness still applies. From that, I deduce that a justification is necessary.According to the Mitteldeutsche Zeitung article from 15 November 2024, the city administration argues that city council members deserve greater protection of their right to the spoken word and their own image because they are volunteers. I wonder what there is to protect about the spoken word if it was fully recorded and published. Or should it be inferred that the spoken word should not be recorded so that council members cannot later be reminded of their own words? Are these council members afraid of being held accountable for their own statements? Because it continues that the press can write down the speeches from the city council meeting. What century are we living in? Degrading Citizen EngagementThe MZ says that city council chair Ekkart Günther and Jörg Riemer (CDU faction) justify their rejection by doubting that Bürgerstimme is a journalistic medium. Jörg Riemer is quoted saying: "For me, this is not serious and objective reporting."If I were as sensitive as lawyer Fehse, I could see this as an insult to my honor, especially since I was a video journalist for the local regional TV from 2012 to 2019, interviewing Ekkart Günther and Jörg Riemer on camera, as well as many others—including the district administrator, prime minister, and the current federal chancellor. We do not live in the Third Reich or the GDR, where journalistic activity required approval and licensing. Anyone can work as a journalist. No press ID is required. The question arises whether Ekkart Günther is suitable to chair the city council 35 years after the peaceful revolution given his attitude, and whether the democratic council members feel insulted being represented by such a chair. Polemically, I could say that their highnesses probably believe they have the right to decide which media may report on their political work. Media that do not please their highnesses should not be allowed to report. From my point of view, this also constitutes a degradation of civic engagement and shows that Riemer and Günther probably consider themselves superior just because they are council members. However, they were not “crowned” by citizens to rule at their whim, but to represent and act in the interests of the citizens. They are employees of the citizens. Citizens are not their subjects. But I better don’t write that here. ;-) The Most Objective Form of ReportingAn unedited, uncut, and context-free video and audio recording of a city council meeting is the most objective reporting possible. This allows anyone interested to form an unbiased impression of what was said in the council. In contrast, transcripts are likely incomplete and cannot accurately reproduce the spoken word unless the transcribers are skilled in shorthand.Since these statements by Riemer and Günther were given as justification in the MZ, they likely do not suffice as a reason for a "legitimate individual case." Jörg Riemer complains in the MZ that his role as headmaster of the vocational schools in Burgenlandkreis was also mentioned by Bürgerstimme, which he calls "unrelated." As a headmaster, one is de facto committed to democracy and the rule of law. Riemer is active not only in the city council but also in the district council. If he demonstrates a lack of democratic understanding in both bodies, this seriously calls into question his suitability as a headmaster and role model for vocational students, in my view. The Role of the Press in a DemocracyThe press in a democracy has the task of informing the public independently and comprehensively to enable free opinion formation. It acts as the "fourth estate," critically overseeing government and power structures and uncovering abuses, thereby contributing to transparency and the rule of law.Anyone who has trouble with the fact that, when holding public political office, they are exposed to the public, obligated to transparency toward citizens, and controlled by critical media, should probably not run for political office. What’s Next? Will There Be a Court Hearing?The power of attorney submitted by lawyer Fehse bears only two signatures—so-called paraphs—but not the full names of those who supposedly signed it. One might assume these are Mayor Martin Papke and city council chair Ekkart Günther. However, neither name appears anywhere on the document. Only titles such as mayor and city council chair are mentioned. Lawyer Fehse also said in his email that he does not even need to provide a power of attorney. Interesting—because then any lawyer could come along and claim to represent anyone.What was not provided is a power of attorney showing that Papke and Günther represent the 15 named council members (16 including Günther) in this matter. There is no city council resolution authorizing Günther and Papke to act in this regard. Consequently, Papke and Günther do not represent the city council but only individuals. Everyone can draw their own conclusions as to why these individuals cannot represent themselves and need Papke and Günther as "guardians." I asked lawyer Fehse again about this and am waiting to Author: AI-Translation - Michael Thurm | 15.11.2024 |
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