The State v. Steinhöfel

The new book by No. 1 Spiegel bestselling author (Digital Paternalism) Joachim Steinhöfel What happens when the state no longer protects its citizens from abuse, but becomes the aggressor itself? Joachim Steinhöfel, Germany's most prominent defender of free speech, documents a disturbing development: the systematic campaign by state institutions against freedom of expression. In 2024 alone, Steinhöfel brought 16 lawsuits against the German federal government-and won every single one. Drawing on these cases against ministries, government agencies, and disputes with the Federal Criminal Police Office (BKA), he argues that they represent unconstitutional state encroachments on one of our most fundamental civil liberties. The reason, he contends, is the growing fear among those in power of criticism they can no longer control. The Anatomy of Repression From the Federal Office of Justice to government spokespersons publicly defaming citizens, the state is increasingly using its resources as a weapon against the very people it is meant to serve. Steinhöfel exposes what he calls the "state-industrial censorship complex"-a toxic network of ministries and publicly funded NGOs that, under the banner of "civil society," carry out activities that the German Constitution prohibits the state itself from undertaking: intimidating citizens and suppressing free speech. Why This Book Is a Warning Signal The "Tulsa King" Doctrine: How the state outsources paternalism and coercion to NGOs in order to circumvent constitutional constraints. The Authoritarian Mindset: Steinhöfel analyzes the rhetoric of Nancy Faeser, Robert Habeck, and Lisa Paus, arguing that leading politicians increasingly reinterpret constitutional guarantees as little more than optional policy positions. Justice in the Orbit of Politics: From police raids over "idiot" memes to the pursuit of opinions deemed objectionable even when they fall below the threshold of criminal liability. A Divided West: While the United States continues to treat free speech as a shield protecting citizens from government power, Europe, through measures such as the Digital Services Act (DSA), is becoming a global leader in state regulation of speech and increased pressure on platform operators. When Ministers Fear Freedom This book offers an analysis of a political elite that fears an uncontrolled public sphere and seeks refuge behind a protective wall of public broadcasting institutions and vague legal concepts such as "hate speech" and "disinformation." "Our fundamental rights are defensive rights against the state." Joachim Steinhöfel reminds us why these rights must be defended today more resolutely than ever. An essential book for anyone concerned with preserving the rule of law and the freedoms on which it depends.

Joachim Nikolaus Steinhöfel, an attorney based in Hamburg, is regarded as one of Germany's most distinguished legal experts in media, press, and competition law. For more than three decades, he has litigated landmark cases that have helped shape legal standards, arguing before courts ranging from the Federal Court of Justice to the Federal Constitutional Court. He gained particular prominence through successful legal challenges against restrictions on freedom of expression imposed by online platforms, as well as through a series of cases addressing governmental overreach. Steinhöfel has repeatedly been invited to testify as an expert before committees of the German Bundestag, and his expertise is sought after internationally. His non-fiction book Digital Paternalism (Die digitale Bevormundung) reached No. 1 on both the Der Spiegel and BILD bestseller lists.

Distrust the State and Its Agencies! A Preface by Henryk M. Broder Preface PART I: THE STATE v. STEINHÖFEL 1. The Minister of Justice vs. the Lawyer 2. The State as Troll - The Baden-Württemberg Case 3. The Federal Criminal Police Office as Deletion Squad, the Public Prosecutor as Service Agency for Politicians PART II: THE TULSA KING DOCTRINE 4. "Doing things we are not allowed to do" 5. The State-Industrial Censorship Complex 6. The Dictionary of Power 7. The Authoritarian Mindset - The Three Horsemen of Censorship 8. TTPA - The Frontal Assault on Political Communication 9. The European Censorship Machinery - The DSA and the Creeping Coup d'Etat Against the Spoken Word PART III: FREEDOM OF THE PRESS, CRIMINAL LAW, CULTURE WAR 10. Döpfner, Brussels, Usmanov - Legal Violations and Opportunism in a Community of Values 11. Criminal Justice as an Instrument of Intimidation 12. The Global Culture War - USA vs. Europe Epilogue - The Managed Decline Appendix List of Sources