“When the State Dictates Opinion”

Guest article by Ralf Poscher in FAZ Einspruch

In a guest article in the Frankfurter Allgemeine Zeitung, law professor Ralf Poscher analyzes the US government’s repression of American universities. At the same time, he draws parallels with Germany, where financial support has also been made contingent on certain opinions—something he sees as an unjustifiable interference with freedom of expression.

The Trump administration is confronting US universities and research institutes with a series of demands and making state subsidies contingent on meeting them. For examples, universities have been prompted to abandon diversity, equity, and inclusion programs, combat anti-Semitism—or what the US government considers anti-Semitism—and take tougher action against protesting students, writes Ralf Poscher in a guest article in FAZ Einspruch, the legal section of the Frankfurter Allgemeine Zeitung. Those affected include Columbia University in New York, Princeton University, the University of Pennsylvania, Brown University, Cornell University, and “the crown jewel of the US education system – Harvard University”.

Meanwhile, Germany is seizing the opportunity and attempting to “poach” US scientists. To this end, universities are making a point of the freedom enjoyed by scientists in Germany. However, Poscher adds that even in Germany, the withdrawal of state funding has been linked to certain opinions. As examples, Poscher cites the “Boycott, Divestment, and Sanctions” (BDS) resolution passed by the federal government in 2020 and the “Never again is now” resolution passed by the German Bundestag in November 2024.

Poscher sees such resolutions as a “violation of the constitution.” He emphasizes that constitutional limits on freedom of expression only arise “where personal honor or the protection of minors are violated, or where—even implicit—threats of violence are used as means of intimidation against those with different opinions.” There is a high threshold for setting any such limits.

„Wenn der Staat die Meinung vorgibt“ – Guest Article by Prof. Ralf Poscher in FAZ Einspruch, April 17, 2025. (Paywall)