The First Television Case (1961)

12 BVerfGE 205 (1961)

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The First Television Case (1961)

Federal Republic of Germany Federal Constitutional Court
12 BVerfGE 205 (1961)

Facts

Following the Second World War, the Federal Republic of Germany (West Germany) established a system of government with a federal government and state governments. In 1957, the federal government led by the Christian Democratic Union sought to establish a television network. Members of the Social Democratic Union in certain state governments opposed this effort, as these state governments already operated television networks. When the federal government established the network, the state governments (plaintiffs) challenged the network’s establishment in court. The state governments argued that the federal government lacked the authority under Article 30 and Article 70 of the Basic Law. The federal government (defendant) defended the decision to establish the network, arguing it retained the authority under Article 73(7) and Article 87 of the Basic Law. The federal government argued that the establishment of the television network was permitted under Article 73(7)’s provisions granting the federal government the power to regulate postal and telecommunication services.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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