'Lunatics' and free speech

It wasn't about clarifying whether active members of the right-wing extremist NPD party were "lunatics." Doing so wouldn't have required Germany's Federal Constitutional Court.

Instead, the federal judges in Karlsruhe wanted to address much more - namely, whether a sitting German president is allowed to portray individuals in such a manner.

Joachim Gauck did so repeatedly in August 2013 in front of 400 Berlin high school students: first, in reference to the vehement protests against asylum seekers, and then again when he asked a question about a ban of the National Democratic Party (NPD). Extremists were offended, calling him biased and accusing him of "smear tactics" - and this, too, they added, just before parliamentary elections.

Then, for the first time in history, a German president was indicted for his choice of words.

Extremist anger will likely carry on: The Constitutional Court's found it "admissible" for the German president to express himself clearly and bring his personal prestige into play. An acting president, according to their ruling, is largely free to decide "on which occasion and in which form to express himself, and in which way he deals with a particular communication situation."

Whether in individual or general cases, the extent of a German president's adherence to the concept of a "neutral president" is not subject to judicial review.

No 'muzzle'

It's an important clarification, and one that will also be of fundamental importance to Gauck's successor in the president's chair. The trial also served to make concrete the constitutional standards for such utterances. In the words of a court spokesperson, legally speaking, such rights are hardly delimited. The court's decision granted the acting German president with wide-ranging freedom of political expression and includes no "muzzle."

That's important for future public officials, because in the German political system, their power is largely utilized through words. And a head of state who speaks in plain language, responds openly to grievances and expresses his or her feelings can drive a debate deeper into German society than a president who tediously weighs every word.

Doubtful escalation

For supporters of discussion-oriented politics and a generally open society, then, times are good - even if the NPD is annoyed. Gauck's clear words were a break in style and partisanship: not necessarily presidential, but also a little endearing. Gauck likes to see himself as the people's president. Still, the episode does leave a bitter taste.

While the comment ultimately strengthened him, in calling the NPD members and sympathizers "lunatics" in front of 400 Berlin students, Gauck made things too easy.

It doesn't offer a serious approach to the problem of right-wing radicalism, particularly to the adolescents, who'd just spoken about tearing down campaign posters.

Additionally, the term "lunatics" belittles the dangerous, right-wing extremists: "They're just lunatics, after all - people who don't really know what's going on."

On top of that, "lunatics" don't typically form part of a group, especially one that people really do have to deal with. Lunatics are just... there.

Instead, Gauck could have spoken about what these extreme sub-cultures enable.

Lastly, it was also ill-advised for Gauck's lawyer to justify the "lunatics" expression in terms of an attempt by the head of state to approach his audience by adopting their tone.

Next time, he should bear in mind that the Berlin high school students are capable of understanding more sophisticated representations as well.