Germany: Therapist initiates legal action against the Network for Critical Psychotherapy

The Netzwerk Kritische Psychotherapie Köln/Bonn is the target of legal action by therapist and author Martin Wendisch, which most recently led to an appearance in the Frankfurt am Main Regional Court. The case is an example of how actors from the right-wing spectrum repeatedly use legal action to fend off justified criticism.

The controversy began when the Netzwerk Kritische Psychotherapie Köln/Bonn criticized Martin Wendisch's book "Kritische Psychotherapie" (Critical Psychotherapy), published in 2021, in which right-wing extremist, anti-feminist and anti-Semitic arguments and conspiracy narratives were reproduced in some of the articles. Among other things, there is talk of a "deep state" and the "globalists", who are said to be pulling the strings in the background to establish a "New World Order". 

The author tried to have (parts of) the criticism withdrawn, including by means of an injunction in summary proceedings. He failed with this action three times in succession. In each instance, he courts declared that the network's detailed and well-founded criticism was covered by freedom of expression. In the meantime, the publisher stopped distributing the book and terminated the contract with Martin Wendisch.

In 2024, Wendisch then filed another lawsuit, which was heard by the Frankfurt am Main Regional Court on March 14, 2024. The fact that Wendisch filed a lawsuit despite three court decisions confirming the legitimacy of the criticism indicates that the case goes beyond an individual dispute and should be seen in the wider social context of SLAPP proceedings. Only recently, a study by the Institut für Demokratie und Zivilgesellschaft (Institute for Democracy and Civil Society) drew attention to the fact that right-wing actors in particular often take legal action against legitimate criticism.

At the Frankfurt Regional Court on 14 March 2024, the judge signaled that she tended to agree with the Network in terms of freedom of expression, but proposed a settlement in order for the parties to reach an amicable agreement. According to the judge, this settlement would involve the network removing the critical analysis from the website, as the network had achieved its goal with the publisher's cessation of book distribution. The defendant emphasized that the goal was never to take the book off the market; however, this aspect was not further addressed by the judge.

The proposed settlement would also mean that the plaintiff (the author) would have to bear all costs. In the event that the Network does not accept the settlement and is then found to be right in a judgment, the plaintiff has already announced that it will take the case to the next instance, the Frankfurt Higher Regional Court. The proceedings would therefore continue. As the plaintiff has legal expenses insurance, money would not be an obstacle for him. 

A decision on the settlement is still pending. But it is already clear: The Martin Wendisch case is a further illustration of the challenges faced by people who publicly criticize right-wing ideologies. This makes it all the more important that the Critical Psychotherapy Network stands by its legitimate criticism and does not allow itself to be intimidated by the legal proceedings. Blueprint for Free Speech is monitoring the case closely and stands ready to support those affected by SLAPP proceedings and to stand up for the protection of freedom of speech.