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An english text

"Not every death refers to university policy"

... said a german court for administrational law to a flyer of a students union (its called AStA in Germany) about the death of the student Benno Ohnesorg on a demonstration against the visit of the shah of iran (persia) in Berlin in 1967.
This was one of the first court orders against ASten (this is the plural of AStA), which said that the ASten are only allowed to publish opinions refering to problems of universities and of students. So this statement to the death of Benno was not allowed, because he was not demonstrating to a problem refering to universities or students although he was a student.
In the times before the ASten had published opinions to every political questions. But the ASten then had been ruled by right wing organisations. They demanded the union of west an east germany or even the recovery of the regions, which had lost east and west germany by result of the world war two. These political demands laid in the political midth of the society, so no one cared respectively it was demanded by the official politics from the ASten.
Since the studens movements of the late sixties the ASten were ruled by left wing/socialist student organisations. And the politics they did, did or better does not fit in the political social order. So the politics of the ASten were regulated by the law courts and not by the students by elections.

Why could they do this?

In most or even every european country exept Germany the student unions could refer to the freedom of opinion and speech. So why could not the german ASten refer to it, too? In Germany these ASten are organized as part of the civil (public) services. So as a part of the civil services you can not demand the civil liberties for your organisation. From this follows that the ASten are only allowed to publish opinions according to problems of universities and of students. The courts of administrational law say that even the german parliament could not pass a law, which would allow the ASten to publish its political opinions beyond politics concerning universities and students, because it would violate the german constitution.

What does this mean for students politics?

In the seventies many law suits were pendinged against the ASten. In the following the AStA in Münster had to pay fines of 65.000,- DM alltogether. In the eighties there were less law suits against the ASten because on the one side the ASten tried to do their politics in a way, which prevents law suits agaist themselves and on the other side the right-wing students did not do law suits against the ASten.
With the beginning of the nineties two right wing students in Münster began to do law-suits against the AStA of the university of Münster. In the beginning he did a law suit against the bus-ticket, which was initiated by the AStA in 1992. This was a cheap busticket for the students, because every student had to pay for it although he or she did not use the bus. At that time the ticket did cost about 20,- DM for an half year. The AStA did win this law suit in the third and last instance two weeks ago. The supreme court for administrational law did say that the bus ticket has a relation to the university because the student can reach - on a cheap way - his university. Also it did say - and this is important to all law cases according to this problem - that the publications of the ASten does not have to relate immediately to the university’s and student’s problems, but has to show a relation to problems refering to the university. Although the brochures, which the AStA had published to inform the students about the bus ticket did contain also articles about the ecologic advantage of travelling by bus and about cities without cars travelling around, the court did accept these articles in the context of the problem about initiating the bus ticket.
In the following of the beginning of the law suit against the busticket one of them did do law suits against plenty of published articles of the AStA. By the time there were more than twenty law suits against the AStA pending.
So the AStA did have to pay fines for an satiric article against the "Rote Armee Fraktion" - RAF -, an left wing terroristic organisation, because nobody had got it right, that this article was agaist the RAF, an part of an article, which did demand more BAföG (This is money, which poor students do get as credit to enable them to study) and therefore do not pay for the transports of atomic waste, or - and that rather bad - an interview with Emil Carlebach, a communist, who was put under the german Hitler-fashism in an concentration camp (Konzentrationslager). The court did not accept that the AStA did publish this article, because the underorganisation of the AStA for all students of historic sciences - its called Fachschaft - had invited him to tell the students about the Hitler-fashism and his life in Westgermany as a communist. In the historic sciences this form of method is called oral history. But the Court meant that the Fachschaft or the AStA is not allowed to publish articles, which could value the contens of sciences. So the students should learn by the "grace" of their professor or by themselves as individuum, but not by terms of an democratic students organisation.
At least now there are law cases against the ASten in Münster, Bonn, Wuppertal, Marburg, Gießen, Bremen, Potsdam, Berlin, Bielefeld, Essen and Münster again (with a new guy doing law suits against the AStA). At least nearly everybody doing the law cases is right wing or even from the extreme right.

The function of this repressiv system

As we have seen students could participate in the society with their democratic representational organisations only in a limited political term. Just the political problems are allowed to discuss, which concern the university or the student. Just the critical intellectual capacities of the students, which could discuss problems concerning the sense and purpose of a solidary and just society, are hold out of the bodies of students.
This shows the will of society, which wants students, who learn to accept authorities, and do not use their mind to reflect social conditions of the society.
This is a sign for the repressive and authoritarian character of a parliamentary society.
You can participate in the society only by the will of the reigning class.



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