German Politics Weaponizes Lawsuits as Polarization Deepens

A television host misspoke. She caught herself almost immediately. But in the charged atmosphere of contemporary German politics, even a corrected slip can become the basis for a lawsuit.

On a political talk show shortly after Berlin's September 20 election, Maybrit Illner accidentally said of the Left Party's mayoral candidate, Elif Eralp, that "she is an antisemite." She corrected herself within seconds. But Federal Interior Minister Alexander Dobrindt, from the conservative Christian Social Union, seized on the moment. "Na doch," he said—roughly, "well, yes she is." Those two words triggered a legal response. The Left Party's lawyers filed a defamation suit, arguing that Dobrindt had falsely suggested Eralp considered herself antisemitic, and that his remark would damage her standing as a political officeholder and complicate coalition negotiations in Berlin.

It was not an isolated incident. The Left Party has filed multiple lawsuits following its election victory, largely in response to accusations of antisemitism from center-right politicians. The party faced particular scrutiny after a rapper at one of its campaign events chanted "Death to the IDF"—the Israeli Defense Forces. Economy Minister Katherina Reiche delivered a speech calling the party "openly embracing antisemitism" and posted a video of it on the Economy Ministry's official Instagram account. That too prompted legal action.

Defamation lawsuits have become an increasingly common tactic across German politics. Politicians invoke sections 185, 186, and 187 of the German Criminal Code, which cover insult, defamation, and intentional dissemination of false facts. Theoretically, conviction can result in fines or up to a year in prison. In September 2025, the far-right Alternative for Germany sued Chancellor Friedrich Merz after he described their remigration policy as "ethnic cleansing." The Green Party in Berlin brought hate speech charges against Merz for comments about immigrants in the cityscape. In 2024, the Green Party's Robert Habeck was sued by the upstart BSW party for claiming they were "buying votes" through "troll armies"—a case prosecutors eventually dropped after Habeck paid €12,000 to charities without admitting wrongdoing.

Yet legal experts say these cases almost never succeed. Christian Solmecke, a media lawyer at WBS Legal, told Deutsche Welle that prosecutors typically dismiss such complaints quickly, lacking sufficient grounds. The Federal Constitutional Court has consistently ruled that political speech receives far broader protection than private speech. "Anyone who voluntarily enters the political arena must also be prepared to endure sharp, polemical, exaggerated and hurtful criticism," Solmecke explained. Felix Zimmermann, editor-in-chief of Legal Tribune Online, added that terms like "antisemitic" constitute opinion rather than provable fact, especially when definitions remain contested.

What matters, then, is not the legal merit but the political effect. Solmecke observed that German political culture has grown "harsher and more polarized," and the threshold for criminalizing opponents through lawsuits has dropped dramatically. "From the point of view of the parties filing the complaints, they are highly effective as a PR strategy," he said. "The political benefit arises entirely independently of the legal outcome." A lawsuit guarantees headlines. For the Left Party, filing suit against Dobrindt sends a signal that the party will not tolerate accusations of antisemitism—a crucial message as Eralp attempts to become Berlin's mayor and negotiate coalition agreements.

One case may carry more legal weight. Reiche's decision to post her inflammatory speech on the Economy Ministry's official social media channels could violate the constitutional "principle of neutrality," which forbids the state from vilifying particular political parties. Zimmermann noted the absurdity: a politician can say something on their personal account but not on their ministry's account. Yet even if the Constitutional Court eventually rules against Reiche and forces the post's removal, the decision may come weeks or months later—long after coalition talks have concluded and the speech has done its political work. The Left Party may claim victory, but the practical consequences will be minimal. What remains clear is that lawsuits have become less about winning in court and more about winning in the court of public opinion.