Die Wahl des Versammlungsortes

The freedom of assembly constitutes a civil liberty, specifically pertaining to space. For centuries, demonstrations were held in public areas precisely due to their external effects. Private public spaces have come to represent a new type of space, which features an ambivalence of domestic authority on the one hand, and actual public accessibility and urban flair on the other. The resulting tension between demonstrators and the domestic authority is conclusively defined by the question whether the latter must observe and respect constitutional rights in its exercise of authority, or whether it is in fact itself entitled to these rights.

It is submitted that the performance of an assembly in a private public space, which is commanded by an authority immediately bound to constitutional rights, is characterized best by the defensive aspect of constitutional rights. In contrast, if the entity is not immediately bound, the issue will present itself as a question of effect on a third party. In order to adjust these conflicting interests, legislative action is required. Finally, a legislative proposal is offered, which would adequately reconcile the opposite sides of constitutional rights.