Question juridique clé
Whether labeling the respondent’s speech as “verbaler Rassismus” unlawfully violated his personality rights
Solution extraite
Yes. The label conveyed an untrue factual core and an unpermitted value judgment, thus infringing personality rights.
Motifs extraits
The term is a mixed value judgment. The respondent’s statements criticized Islam and favored Swiss Christian identity, but did not amount to racial discrimination or a degrading group-based devaluation. The classification as “verbaler Rassismus” therefore lacked a true factual basis and was not justifiable.