REMEMBRANCE IN TIME - Index of

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Remembrance in Time
discrimination. [12] However, such a kind of discrimination was considered to be
consistent with the Constitution. By reason of the classification of a citizen as an entity of
the society which is not free to choose the participation in the social life but who has the
duty to advocate for the community, it was clear that in case of a lack of such a
commitment those citizens could not profit of the Constitutional rights. [13]
3.2. Freedom of opinion
Example of an apparently different provision of a fundamental right is the freedom of opinion.
GDR-Constitution German Basic Law
Article 27
(1) Every citizen of the German Democratic
Republic has the right, in accordance with
the spirit and the aims of this Constitution,
to express his opinion freely and publicly.
This right is not limited by any service or
employment relationship. Nobody may be
placed at a disadvantage for using this right.
(2) Freedom of the press, radio and television
are guaranteed.
Article 5
(1) Every person shall have the right freely to
express and disseminate his opinions in speech,
writing and pictures, and to inform himself
without hindrance from generally accessible
sources. Freedom of the press and freedom of
reporting by means of broadcasts and films shall
be guaranteed. There shall be no censorship.
(2) These rights shall find their limits in the
provisions of general laws, in provisions for the
protection of young persons, and in the right to
personal honour.
(3) Arts and sciences, research and teaching
shall be free. The freedom of teaching shall not
release any person from allegiance to the
Constitution.
The freedom of opinion was protected extensively in the Grundgesetz. Criticism of the
regime as well as the promotion of diverse ideological, religious or political orientations
were safeguarded.
In contrast, the regulation of the GDR conducted a clear restriction of the freedom of
opinion. Opinions were only protected provided that they corresponded to the objectives
of the Constitution. One of these objectives was article 1 of the Constitution, which stated
the role of the Marxist-Leninist task of the SED in state and society. On basis of that not
only all individual expressions of opinion against the state were prohibited [14], but it
was also regulated, that the press, the broadcasting and television services were only
allowed to approve such expressions of opinion that contained ideas of the Socialism
[15]. Thus the exercise of the freedom of opinion was indeed not really restricted by the
wording of the article but more by the ideology of the SED.
Next to that the Constitution of the GDR lacked of significant provisions for the
exercise of the freedom of opinion. The right to freely inform oneself as well as the
freedom of arts, science, research and teaching were not mentioned. Science and
Research were contained in article 17 of the Constitution in the framework of the basics
of the socialistic social and legal order. They were explained as having as its objective the
protection and enrichment of the society and the citizens. Interpreting this norm leads to
the clear result that any criticism of the political or economic system of the GDR was
prohibited. The same is true for art and culture in the GDR. The relevant provision of
article 18 paragraph 1 of the Constitution is restricted by the term “socialist culture”.