Balancing Freedom of Expression and Artistic Freedom Against Personality Rights of a Foreign Head of State

The German Federal Constitutional Court dismissed a constitutional complaint without granting it admission to the merits, leaving the lower court judgments in force as the applicant failed to demonstrate a likelihood of success. The dispute involved a television presenter who challenged the balancing of his freedom of expression and artistic freedom against the personality rights of a foreign head of state, likely arising from a defamation or personality right infringement claim. The court relied on § 93d Abs. 1 Satz 3 of the Rules of Procedure of the Federal Constitutional Court (BVerfGG) to waive a detailed reasoning, issuing an unappealable decision that effectively upheld the prior rulings restricting the applicant’s speech in favor of the protected status of the foreign dignitary.