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- Title
Der Fall Esra Eine Neujustierung des Verhältnisses von Persönhichkeitsrecht und literarischer Kunstfreiheit?
- Authors
Obergfell, Eva Inés
- Abstract
Having been asked to review the constitutionality of the civil law-rulings in the case Esra, the German Federal Constitutional Court confirms the ban on every form of publication and dissemination of Maxim Biller's book Esra In its essence, the case deals with the conflict between the freedom of art and personality rights, both fundamental rights, which are - in principle -protected without any limits, but nevertheless can predominate each other in a specific case. The Constitutional Court now develops the presumption that a novel, even if it contains fiction as well as reality, has to be regarded as a protected work of art. In the present case of recognisability of real persons the Court judges the explicit and detailed description of sexual activities as the decisive factor for a serious violation of personality rights.
- Subjects
KARLSRUHE (Germany); GERMANY; LEGAL judgments; CENSORSHIP; BUNDESVERFASSUNGSGERICHT (Karlsruhe, Germany : Building); ESRA (Book); BILLER, Maxim
- Publication
Amsterdamer Beiträge zur Neueren Germanistik, 2010, Vol 73, Issue 1, p65
- ISSN
0304-6257
- Publication type
Article