Overview

• The Federal Constitutional Court declined to take up Tim Kellner’s complaint (1 BvR 2721/24), finding no violation of free expression or artistic freedom.
• The decision leaves intact the Detmold judgment from June 2024 imposing 110 day-fines of €100 each for insults under §185 StGB.
• Courts held that Kellner’s edited clips targeting Emilia Fester, Sawsan Chebli and Nancy Faeser were Schmähkritik lacking factual content or topical reference.
• The justices criticized Kellner for failing to engage with relevant jurisprudence and for not substantiating how his claims of art would overcome the Schmähkritik finding.
• His revision had already failed at the Higher Regional Court in Hamm, and the Karlsruhe decision aligns with prior case law emphasizing personality rights, including the 2021 Künast ruling.