Gesellschaftspolitische Meinungsäußerungen in der Werbung

Due to the judgment “Rücktritt des FInanzministers” of the German Federal Supreme Court, sociopolitical statements that are published in commercial advertisements, throw a new light on the conflict between the commercial personal rights and the freedom of speech. So far the jurisdiction has shown the clear tendency to decide in favour of the person in question in cases where its personal rights have been harmed by a commercial. Differently in the case “Lafontaine”.
The thesis considers the question, under which circumstances the German Federal Supreme Court now places greater emphasis to the right of free speech versus the personal right and compares the results with the legal situation in the US. Criteria that correspond to great significance within the mentioned conflict of interests in both legalsystems are being compared, assessed and first tendencies for their development are shown.