Kunst und öffentlicher Frieden – Strafbefreiung durch Grundrechte?

»Art and Public Peace – Exemption from Punishment by Fundamental Rights?«

Using the example of the conflict between artistic freedom and penal norms protecting public peace, the thesis discusses the extent to which exemption from punishment by fundamental rights is possible and necessary. If solutions immanent in criminal law fail, fundamental rights – in particular artistic freedom – can be applied directly as a justification under criminal law. In addition, public peace is criticised regarding definition, quality as legally protected right and constitutional status.