February 28, 1961

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Martin Antonenko

A Fixture
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Jul 11, 2008
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Constitutional Court stops government television!


It's the year 1960.

For some time now, the German Federal Chancellor Konrad Adenauer has been extremely dissatisfied with the "ARD" television station, which at the time was the only one available in Germany, and its national programs.







The chancellor is of the opinion that the broadcasters - an association of the broadcasting stations of the individual federal states - are too "left" and mostly report negatively about his - Adenauer's - conservative government...:



That's when the word "red radio" was born.

In order to collect "evidence" of "misconduct" on the part of ARD, Adenauer even seconded several employees of the Chancellery, who themselves were completely harmless entertainment programs such as the extremely popular quiz show "Was bin ich?" analyze with Robert Lemke for "left political tendencies"...:



Adenauer - his son revealed later! - actually expected that German industry would give him his own newspaper for his 80th birthday with an editor and everything that would be available to him personally and the CDU.

When he doesn't get the newspaper and the hated "Red Radio" just keeps on broadcasting, the Federal Chancellor thinks of a remedy!

He wants to create his own government broadcaster as a "counterweight" to the ARD, which is directly subordinate to the Federal Government (i.e. himself) and is therefore bound by instructions!

So he pushes the founding of the private company "Deutschland Fernsehen GmbH".

The federal government is said to be the main owner (authorised to issue instructions) of this company, which is also to be financed entirely through advertising revenue...:



A strange hermaphrodite should arise:

Economically, it would be similar to a US private broadcaster, but in terms of content it would correspond to the state television of the GDR controlled by one man (Walter Ulbricht) and one party (the SED).

However, the chancellor still has to work around one problem:

The prime ministers of the federal states have hardly gotten his idea of "state television" pointed out when they are already threatening cross-party constitutional lawsuits!



Then:

"Television" is "culture" and according to the German Basic Law, "culture" falls under the sovereignty of the individual federal states! That's why the ARD is just a "working group of the (state) broadcasting corporations in Germany".

Adenauer doesn't back down at first, but opens a keg:

Yes, "culture" is a "state matter", but the federal government - that is, its government! - is responsible for the allocation of broadcasting licenses and is therefore still above the "state thing"!

You can also understand the whole thing as a cryptic threat to pull the plug on ARD nationwide!

And that is exactly how the prime ministers of the federal states understand it and are filing a constitutional complaint against the federal government.

The increasingly stubborn and domineering old man (he's approaching 90!) realizes that he's not getting anywhere and offers the country heads a last-minute compromise, so to speak:

The states are to be involved in government television - with a maximum of 49 percent in total, which means that the federal government would still have the say.

Strictly speaking, Adenauer's "compromise" is not one at all!

Nevertheless, on July 25, 1960, Adenauer signed the articles of association for "free television"! The station is scheduled to start operations on January 1, 1981.



On August 3, 1960, a 171,900 m² site in Eschborn near Frankfurt was bought for 650,000 DM in order to build up the studio there...:



Because of its remoteness and poor accessibility, the location is commonly just called "Telesibirsk" among insiders!

But on February 28, 1961, the Federal Constitutional Court gave the old man his government broadcaster with a verdict!



Adenauer's project is simply unconstitutional because it inadmissibly interferes with the competences of the federal states! In addition - according to the court - "remote from the state" is required for television stations!

Off the mouse!

Really?

Of course not. On June 16, 1961, the Prime Ministers of the federal states decided to acquire the technical equipment of the "Freie Fernsehen-Gesellschaft" for the benefit of and on account of the new "Second German Television" institution - for DM 16.278 million.



However, this does not include all possible program components - mainly finished films and the options for news broadcasts and other films - which the private company had bought in advance with the consent of the Federal Chancellery in order to offer a program at all.

It costs the federal government another 35 million DM to get out of the matter.

Worse still, 1961 is an election year!

And although Adenauer tries his best to trivialize the matter and to keep the question of the 35 million DM liquidation costs for his failed government broadcaster under the covers (he even intervenes while on vacation!), it all comes out before the ballot!

Added to this is Adenauer's extremely clumsy behavior during the construction of the Berlin Wall on August 13...:



Result:
The Union parties lose their absolute majority in the Bundestag elections on September 17, 1961 for the first time since the founding of the Federal Republic of Germany and need a coalition partner (the FDP) to continue to govern...:



It is the beginning of the end of Adenauer's chancellorship...
 

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