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Tourette-Urteil: Sind "Gewitter im Kopf" Nazis? | Anwalt Christian Solmecke

Sep 15, 2022

Tourette-Urteil: Sind "Gewitter im Kopf" Nazis? | Anwalt Christian Solmecke

Many of you probably know the

Gewitter

im

Kopf

channel here on YouTube, run by Jan and Tim and Jan, who suffers from what is known as

Tourette

's syndrome, which means that he has so-called tics and cannot always fully control himself, both physically and verbally. Exactly this tic or suspected tic has now become the subject of legal proceedings. I'll show you the tick briefly and then I'll tell you what type of legal proceeding has been attempted. This tick can no longer be seen. on YouTube but can still be found on Twitter and I play with the forecast with the craziest plum cake in the world in the oven in the oven say hello to Anne Frank for me so that a tick that Jews despise is sent back then during a thunderstorm in the oven say hello to anne frank for me how a plum pie was baked with kai pflaume the problem is that the saying was also uploaded in the video but it is also a fact that it states that Jan expressed herself as part of the pathological condition and that's why I didn't want both Jan and Tim to put up with the two

Gewitter

operators in my head that a blogger called them

Nazis

it all ended in front of the Cologne District Court which delivered a verdict a few days ago the verdict we want take a closer look here hello i am

christian

solmecke

r lawyer and partner of the cologne media law firm wildeberger &

solmecke

r and if you would like to support us a million subscribers then you would be here feli z for a subscription and it also has an advantage for you, it is legally updated every day, yes, storm in your head, many of you know the channel that has two million subscribers, so you have a lot since it broke through of millions and the point is that there Jan you can see it here in the image from time to time the so-called tics had these tics er tic Is he a bit into that?
tourette urteil sind gewitter im kopf nazis anwalt christian solmecke

Tourette

's syndrome is

Tourette

's syndrome. I also looked that it is a disease that was first mentioned in science in 18 27 and was described by George Jill de la

Tourette

in 1885, so it is a neuropsychiatric disease and then you have such tics and these tics that they want Jan and Tim who just had

Tourette

jan describe with humor here on your YouTube channel they say here on our YouTube channel we want to talk about the life of Jan with

Tourette

syndrome called Gisela, that is, give a name to the whole tic and presenting the associated accompanying diseases, our goal is to talk about it openly, humorously but also objectively, and thus make it more tangible and understandable to everyone, so they meant very well and I'll show you a scene now as well. it comes from the video with Kai Pflaume that you can see what a normal tick looks like you see there i Always go back in the channel that comes after the flour, starch and baking powder comes.
tourette urteil sind gewitter im kopf nazis anwalt christian solmecke
I'm the egg officer. No way. also a tic that he can't control and Jan also has the fact that he not only has

Tourette

's syndrome but also a side effect and the side effect that forces him to utter indecent obsöhne words called Koch coprolalie coprolalie that's what he always means wants to speak obscene words and fecal language, now here to Kai Pflaume for example and I can't control it and obsohn of course it was also indecent in any case and of course what he said there when Kai Pflaume's plum cake in particular, a nice shout out to Anne Frank and who with her, so to speak, the gassing of 4 Million Jews were ridiculed during WWII and now there is a blogger Jenny Havelmann that you see here has 12,000 followers who lives in Israel is a survivor of the victims of the Holocaust and she is also very committed to remembering the Holocaust so she said well Jan or all The

Gewitter

im

Kopf

channel is a nazi or desi channel g

nazis

.
tourette urteil sind gewitter im kopf nazis anwalt christian solmecke
The tweet can no longer be found, but can still be found in the trial. Before I get into the full judgment, I'll get into the tweet myself. and the verdict still contains the tweet in the verdict Thunderstorms in the head must be shown

Nazis

have no place on social media says Jenny Havemann and in which I think an insta story says

Nazis

with millions of [email protected]

gewitter

in the head yes and the background of this statement is the storm in the head and that obviously means Jan and Tim is what I intend for you in I showed the excerpt which is also not visible is yes that works too you have to search a bit you can always find this excerpt here on Twitter that the court had to look at when it was in tarte flambée in the world to put the oven in the oven say hello to Anne Frank for me I think it worked very well like that and without comments from the other two and that's how it was uploaded to the youtube channel, I have to say that they removed it later but it was months later or much later Apparently removed in Apparently, when that was uploaded, it already had 2.27 million subscribers and the video that e can see was online for at least three months. now they are

Nazis

, of course, Jan and Tim said that we are not

Nazis

, that's all after such a tick. ks happens we don't want to put up with that we are taking action against the blogger against Jenny Harvermann and we are warning them we want her to stop doing that and in the future no longer claim us as

Nazis

they did that and finally you went to the Cologne Regional Court and got your cologne district court rights the cologne district court actually barred the blogger from naming the two

nazis

and the verdict is quite current why jan and tim actually say that saying or jan has expressed it but tim runs the channel saying that saying and you are allowed to upload it in two things: first we say in the express and then we upload it again, but before I forget, a little note on my behalf if you are affected by the lack of data from Facebook, you can quickly find out who iger seconds below in the catch check we try to get 1000 euros for you so even in court proceedings if you have protection insurance legal anyway no problem but otherwise we try to help you even without legal protection insurance all information below in the title check very briefly through the ten seconds if we are affected then maybe we have a small gift for you back to the judgment of the Cologne district court, so in the preliminary injunction proceedings of Mr.
tourette urteil sind gewitter im kopf nazis anwalt christian solmecke
Jan Zimmermann and Tim Lehmann against Jenny Habermann on 28 civil Can the Cologne district court recognize the August 17 by right that the two decrees of October 21 are confirmed, that means that there was already a decision in October last year that has now been confirmed again after a hearing and so this is really normal for the first time in such 1 cell decrees are described and unraveled and now one says that the plaintiff the disposition cl The elderly are active on social media under the stage name of Storm in the head. Dealing with the injunction clicker one with disease is the common thread of social media activities which of course is the case for Jan and also Tim who show off these tricks time and time again. these have decided in the context of the authentic description of the plaintiff's disease ticks basically not so that the text can contain insults but you just saw that Kai Pflaume was called an idiot there are many other very violent insults and also funny things I personally remember because i used to do it myself i saw it then how i was still somehow at the Kölner zoo they see a dolphin and they say dolphins are gay sharks so you see what must be going on in their head and that was another kind of tic that all of a sudden comes to mind I don't know if it's hyper creative something completely crazy and then it's just pronounced like that there and now the court says yes the one who was being sued here who called the two

Nazis

is the blogger and the colona and I regularly deal with the topic of antisemitism and she has already im In 2020 it was about what videos she posted and she said it was about the video in the oven greeting Anne Frank and then she said here

Nazis

with millions of @

gewitter

followers on the often so the facts are broken down so that the course of the proceedings in said in the verdict here the

gewitter

guys in the head are of the opinion that you shouldn't call them

nazis

and that it's what's exciting now that you're here like here So you say here that it doesn't matter if it's a statement of fact or an expression of opinion, it wants to be a prerequisite for impermissible abusive criticism that was made without any objective reason, for what the argumentation of the

Gewitter

lawyers were in your head ok even if you express your opinion here Jan and Tim express their opinions if they were

Nazis

you can be of the opinion but then there must be some kernel on the basis of which you express your opinion , so some hook and the big question in this process was can this tick if it was a tick then can it be that?
tourette urteil sind gewitter im kopf nazis anwalt christian solmecke
Being a hanger for such expression of opinion

Nazis

are like that and that was the tough question from the court here tough question you have to say had to be answered in this trial that means Jenny wasn't completely wrong that they had started a proceeding here consequently it's something for a court to look at more closely but still had he said well first of all that wasn't a tic yes he said and by the way he didn't know about anyway that he has a problem with it, he has a pathological problem that expresses such tics, I thought he would have said it.
tourette urteil sind gewitter im kopf nazis anwalt christian solmecke
That was his argument. I want to save you here. Now come the reasons for the decision. There's also the first part of a lot of legal stuff where I'll save you guys. Sometimes it is exciting what I have highlighted here. yellow, so the court, the Cologne Regional Court, first assesses a lot in a legal way and then says in this context, that they have previously carried out legally, the appointment of the plaintiffs, that is, the appointment of Jan and Tim like

Nazis

, is an expression of opinion because, in the absence of fact to support the statement, this may have meant that the Court says there is no core here, nothing that speaks to the fact that the

Nazis

could be because and that it is the next part that has made it credible that the statement was made as part of a tic that he could not control and now comes the crunch sentence a statement that was not made intentionally but was not controllable due to illness is dismissed as factual basis yeah so Jenny said yes well there are some facts that were the core of the video and that's what I base my statement that the

Nazis

are and then the court says no the statement was made in a pathological condition, which means it was uncontrollable which means you can't say now that there's a real core behind it or you say something like that once in a while you don't believe him even if he tells the truth then he's already done something but you can't believe in these tics have no statement content at all says the Cologne district court here more or less tension in the trial is that one asks the question We can ask whether it was a normal tic.
You saw how he once expressed himself to Kai Pflaume before, you moron. Yes, that's how he scored. Yes, and now that we're looking at it again. the way is what you usually see in your head when there's a thunderstorm yeah then you have to say it's a medical condition or it says it like that i got the thing right on my face plum pie in the world in the oven in the oven Say hello to Anne Frank for me, it felt a bit different, a bit more casual, a bit casual. I think it worked very well, but I also have to say that I can't say that I'm not a doctor, so you need an expert to be able to.
I can't clarify everything here, but I won't give you an expert either, even if everything goes to the next instance and the next instance will probably go, I'll show you another part of the trial in a moment, namely, the question of how it becomes so legal is they uploaded it then maybe they realized it's seen in the video and uploaded it but first i'll show you the reactions of Jenny Havemann who says my objection to 1 2 head storm order was by regional court Cologne rejectedI'll appeal against this decision, so she thinks I need an appeal, I will, I will justify it here, and then she says why they will go to the next instance, but I will tell her right away why. the project will fail so money is most likely to be wasted yes it is confirmed that the disputed value for such cases is usually set at 20,000 euros disputed after the report our lawyer fees are calculated and you should say that this is approximately a violation of personal rights, the value in dispute is 20,000 euros, okay, that means a few thousand euros in lawyer fees but unlike what some media have reported, she does not have to pay 20,000 euros , I suppose you did not calculate that, that is about five 6,000 euros that you now have to pay for this first instance, so if you have to repeat it again, you can pay up to 250,000 euros. it is disproportionately completely normal the 20,000 euros are completely normal and that you have to pay up to 250,000 euros for 1-2 orders if you violate them that is normal judgment Tenor at the beginning if they violate maybe they have to pay four 5000 euros and then it increases if you don't stop calling someone a Nazi it's not friendly but according toGerman jurisprudence is allowed as an expression of opinion, so Björn Höcke could be called a fascist, for example, since he is right in certain constellations. but Björn höcke had also told the right-wing AFD court that he too has fascist traits and that is why he can also be called a fascist here, the court said that there are no contact points here through which the

Nazis

are allowed. be and this statement in the pathological state and the jan has sworn to the city that no expert opinion has been found for our own proceeding, a sure v om Jan that he was in a pathological state that he could not control, yes, then he did not know will grant this statement, no facts at all, yes, and she says here, however, as the court correctly emphasized in the judgment and know the core of the facts of the court in contempt for holocaustopfern as it happened in the extract, however , it doesn't acknowledge it, so because it doesn't represent any statement after court, there's almost no statement that takes place, which is not a deliberate statement, that's completely incomprehensible, I think the excerpt speaks for itself.
It is probably also because I focused the court entirely on the

Tourette

at trial and accepted it as the reason for the plea and now comes the second part, however, there is no

Tourette

going up and I want to explain to you what the

Tourette

is all about. of upload because she keeps arguing now of course ok for my sake you can say he knew and it's not what he's doing right now but then there's a cut and then he uploaded the video yeah then he held it fully aware that she was also putting plum pie in the oven.
Cheers to Anne Frank, so it really is a mockery of the gassed. and they also comment that she cannot understand why she says that there is no rise in

Tourette

and it must also be said that there have been several comments you can see here the famous amadeo antonio foundation that also says that there is no rise in court German courts sometimes find it difficult judging what antisemitism is, even in the case of storms in the head, they have my corner, they have explained why they are against the Youtubers' demand, valuable solidarity and a lot of strength dear Jenny, so, uh, they say that this nor can we understand that at the latest when you have seen what kind of tick there was, the tick is not bad and it goes up, but it is months after the tick appears, the district court of Cologne has also ruled on this and says here that the defendant has made credible that the external made in the context of a tic that did not stumble is a statement that I finally want to be that conditionally I was not separated as a factual basis Aus cannot refe laugh at that oh yeah and then she said she didn't even know he was pre-sick he had the disease idk he says he'll be fine look at his stage name and he sits grab his car you did a screencast that you filmed everything so you will watch the channel for 10 seconds and then you will see that these are not normal statements that they are opening up and doing like this and now it is time for the

tourette

charge the cologne regional court also says what the regional court of Cologne another legal assessment does not follow from the fact that the removal class äger so

Gewitter

im

Kopf

first published the video with the statement on his YouTube channel

Gewitter

im

Kopf

and now comes a ruling that the Cologne Regional Court has not to say, but now you are writing your opinion because it is relatively rare, something like an obiter dictum the court says something that is not part of the sentence, but you express your opinion in the sentence and the court says that ap It seems from the point of view of the courtroom, although I have very, very doubts that such a distasteful statement, even if it was not intentionally expressed, was publicly disseminated.
In other words, the judges here say that uploading it is completely tasteless, yes, but legally we can, even if we find it totally morally wrong, yes, they express themselves, however, this process does not entail the expression of opinion because the publication was produced on the company's own YouTube channel in which, among other things, in the information of the channel it is stated that the amparo action he reports on his entire life with

Tourette

's syndrome called Gisela and the concomitant diseases associated with it, for which the recipients there are aware that not all foreign countries with the ones that the plaintiffs really want it and reflect their personal views, yes, in other words, the court says right here If intentional charge Actually such statements, he obviously only wants to show how serious

Tourette

's syndrome is and clearly does not want to say that it is my opinion, he wants to show that

Tourette

is so bad that he makes such Nazi statements with that clear that you can do that you can also say that's been uploaded and get as many clicks as possible but then you'd have to judge every slur that's been uploaded there my you'll hardly deny that if that then certainly There's a certain fun fact about it I think I still remember.
I did so many videos that I saw something with baboons in the Cologne zoo and they insulted them there or whatever, frankly I have no idea what it was, but it was really, really funny. I must say that the question is actually how the Higher Regional Court appellate court sees it now, if they see it the same way as the Cologne Regional Court, I think the first part will see it the same way, they will say the same thing Of course, he himself said it initially, it is within the limits of the text, it is not a voluntary statement, possibly the voluntary statement later actually becomes a statement in which it was uploaded, the video later yes, it may be that the Regional Court Cologne Superior Jenny now wants to go to the Cologne Higher Regional Court, it seems so, but it's pretty sure that even in the Cologne Higher Regional Court, no medical experts will now be called in because then they can I turn the whole case around I've I have found some cases where people with

tourette

syndrome have offended others and then the following always happens: people complain, yes, because they say I don't want you to insult me ​​yet for that

tourette

syndrome is going to affect me otherwise also completely normal and if you want to have a tick you don't feel normal people are offended and then you find yourself in court proceedings which is now a real insult well , because his mental powers were in full condition. he had to be fully responsible for it then this would be inciting people as a felony or he was in a medically unhealthy condition but the doctors have to say here in urgent procedure but no doctor can contact me it's about only from the affidavit. from Jan and Jan says I know how to see my tics and that was a tic dear people, I didn't want to express that and in that sense ja l the real thing is the charge, the Cologne Higher Regional Court could possibly approach the charge and say that you uploaded it again afterwards, but I think they won't.
The Higher Regional Court in Cologne will probably carry out the decision-making here because they will say well Of course, if you want to draw attention to

Tourette

's syndrome and want to report on it, then of course you also have to show what kind of cheating it's bad things that could happen like a tic, both motorly like there's things like people throwing at people or just insulting morons to tell Kai Pflaume or say hello to Anne Frank when you put something in the oven bad things happen and that, but it's a fine line, you might actually look at things differently here, as it's always like two lawyers have three opinions, but I think the Cologne Higher Regional Court will also confirm the Cologne Regional Court here and that too under the criminal law, there will be no further investigation against Jan due to incitement from the people who would be hard to stop the update immediately or the upload was the problem here, they also saw it after a few months after there was a lot of discussion. about it then down well taken he said ok mark warns tacts are too strong yes I would be interested in your opinion on what you think life with

Tourette

syndrome should be shown as blatantly realistic as they do , including hate speech because the content is uploaded again or you say somewhere everything has been achieved there then the tastelessness doesn't belong there anymore maybe the entertainment has to stop because that's what you might have heard from

Tourette

for the first time and maybe the lighting is not so much in the foreground anymore, but the entertainment you have to ask yourself, even so Entertaining, is it still fun?
So yes, very Another question that you have here in the room and all these questions need to be clarified that they can be called

Nazis

, so that's a completely different question, which of course is also in the room, should Youtube not have to remove everything? , there it is so youtube have to rattle off the hatemongers please remove the hatemongers objectively and of course you could say yes if it had been reported on youtube you might have seen it as an objective popular festival . a statement maybe not. one reported on youtube I don't know then youtube probably would have removed the whole video too but now it's not the problem anymore because they pointed it out so you can see Gisela messed things up here Janis built so Gisela certainly didn't build anything on the second Jan assures us here but it was stolen Yes, Gisela was gone, Tim and Jan were already in full use of their intellectual powers and knew everything z Exactly what you are doing is uploading a post and in the comments dear people definitely we will continue to follow the case here if you want to follow it then it is worth subscribing to this channel here in any case I would be very happy if you stay tuned a bit more with the subscribe bell you will also find out when there is something new online and here are two videos more that might also interest me.
See you tomorrow at the same place, I hope. you liked the video if by the way if you have a legal problem give us a call here is our phone number the initial consultation is often free. You can also find an email address here, just drop us a short email and we'll take a look at what you have there and try to work the case out with you as best we can, thanks for looking, bye and see you then
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