Spiegel affair

The scandal stemmed from a conflict between Franz Josef Strauss, federal minister of defense, and Rudolf Augstein, owner and editor-in-chief of Der Spiegel.

The affair cost Strauss his office and, according to some commentators, put the post-war West German democracy to its first successful test of press freedom.

[3][4] Strauss and Augstein had clashed in 1961, when Der Spiegel raised accusations of bribery in favor of the FIBAG construction company, which had received a contract for building military facilities.

[citation needed] The quarrel escalated when the 10 October 1962 issue of Der Spiegel presented an article by Conrad Ahlers, "Bedingt abwehrbereit" ("Conditionally Ready to Defend"), about a NATO exercise called "Fallex 62".

[citation needed] On 13 May 1965, the Bundesgerichtshof (highest German court of appeals) refused to commence trial proceedings against Augstein and Ahlers,[1] ruling that during the affair Strauss had exceeded his competencies and committed Freiheitsberaubung (deprivation of personal freedom); however, because of his belief of acting lawfully ("Verbotsirrtum"), he was exempt from punishment.

The case also came before the Federal Constitutional Court of Germany, which issued a groundbreaking ruling in August 1966 that laid down the basics of the freedom of the press for decades to come.

However, it is mostly remembered for altering the political culture of post-war West Germany and – with the first mass demonstrations and public protests – being a turning point from the old Obrigkeitsstaat (authoritarian state) to a modern democracy.