Höcke Redeverbote: Bayerischer Verwaltungsgerichtshof gibt AfD Recht

The Bavarian Administrative Court has ruled against bans on speeches by AfD politician Björn Höcke at two campaign events ahead of upcoming local elections in Bavaria. The court determined that the reasoning provided by the towns of Lindenberg im Allgäu and Seybothenreuth in the Bayreuth district did not justify such a prohibition.

Court Overturns Speech Bans

Both municipalities had made the use of publicly owned halls for AfD events conditional on ensuring Höcke would not appear as a speaker. The AfD district associations challenged these conditions in the relevant administrative courts. While the Bayreuth Administrative Court rejected the appeal from the Bayreuth district association, the Augsburg Administrative Court sided with the Westallgäu-Lindau district association.

Because both the Bayreuth district association and the town of Lindenberg im Allgäu filed appeals, the Bavarian Administrative Court in Munich made the final decision. The court concluded that the municipalities had not presented “sufficiently concrete evidence, as defined by the Federal Constitutional Court’s jurisprudence,” of potential legal violations – specifically, the commission of crimes or offenses – that would be expected from the guest speaker.

Prior Conviction for Use of Banned Phrase

Björn Höcke has been definitively convicted for twice using the prohibited SA slogan “Alles für Deutschland.” The Federal Court of Justice upheld the rulings of the Halle Regional Court in August 2025. The slogan is associated with the Sturmabteilung (SA) of the NSDAP, and its public use is a criminal offense. Höcke serves as the state chairman of the AfD and chairman of the AfD parliamentary group in Thuringia. The Thuringian state branch of the party is classified as proven right-wing extremist by the state protection agency.

Did You Know? Björn Höcke’s conviction for using the phrase “Alles für Deutschland” was upheld by the Federal Court of Justice in August 2025.

Local elections are scheduled to take place in Bavaria on March 8th, including elections for municipal councils, district councils, mayors, and district administrators. A state election will also be held in Baden-Württemberg on the same day.

Expert Insight: The court’s decision underscores the high legal bar for restricting political speech, even in cases involving individuals with controversial views or prior convictions. The ruling emphasizes the need for municipalities to demonstrate a concrete and imminent threat of illegal activity before imposing such restrictions.

Frequently Asked Questions

What led to the initial ban on Björn Höcke’s speeches?

The towns of Lindenberg im Allgäu and Seybothenreuth sought to prevent Höcke from speaking at AfD events held in their publicly owned halls, making hall usage conditional on his non-appearance.

Which courts were involved in the legal proceedings?

The Bayreuth and Augsburg Administrative Courts initially heard appeals from the AfD district associations, and the Bavarian Administrative Court in Munich ultimately made the final decision.

What was the court’s reasoning for overturning the ban?

The court found that the municipalities did not provide “sufficiently concrete evidence” of potential legal violations that would be expected from Höcke’s speech, as required by the Federal Constitutional Court’s jurisprudence.

As Bavaria approaches its local elections alongside the Baden-Württemberg state election, how might this ruling influence the broader political discourse and campaign strategies?