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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 channel

Gewitter

im

Kopf

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

Tourette

's syndrome, which means 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 tic briefly and then I'll tell you what kind of legal proceedings it is what has been tried this tic can no longer be seen on YouTube but can still be found on Twitter and I toy with foresight with the craziest plum cake in the world in the oven in the oven say hello to Anne Frank from me so a tick that the Jews despise is sent back then during a thunderstorm in the oven say hello to Anne Frank from me as a plum cake was baked with Kai Pflaume the problem is that the saying was also uploaded in the video but it is fact also that he claims that Jan was expressed as part of the pathological condition and that's why I didn't want both Jan and Tim to put up with the two operators of

Gewitter

in my head that a blogger called them

Nazis

the whole thing ended up in front of the District Court of Cologne that passed a verdict a few days ago the verdict we want to take a closer look at that here hello I am

Christian

solmecke

r lawyer and partner of the Cologne media law firm wildeberger and

solmecke

r and if you want to support us to one million subscribers then I would be here happy about a subscription and it also has an advantage for you you are legally up to date every day yes thunderstorm in your head many of you know the channel who have two million subscribers so they have long since broken through the millions and the point is that there Jan you can see him here in the picture from time to time so-called tics had these tics er tic Is he a bit on that is

Tourette

's syndrome is

Tourette

's syndrome I also looked at 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 want Jan and Tim who has just had

Tourette

jan describe humorously here on his YouTube channel they say here on our YouTube channel we want to about Jan's life with

Tourette

's syndrome called Gisela i.e. giving the whole tic a name and presenting the accompanying diseases associated with it, our goal is to talk about it openly, humorously but also objectively, and thus make it more tangible and understandable for everyone, so they had very good intentions and I’ll show you a scene now it also comes from the video with Kai Pflaume that you can see what a normal tick looks like that you see there i Always back up on the channel that comes after that comes flour starch and baking powder in I'm the egg officer by no means in the plums that hands off you ass yes so you could think he insulted the Kai plum with you ass but that is also a tic that he cannot 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 pronounce indecent obsöhne words called Koch coprolalie coprolalie that's what he means always wants to speak obscene words and faecal language you ass now here to Kai Pflaume for example and I can't control it and obsohn was of course that too or indecent in any case and of course what he said there when Kai Pflaume's plum cake in namely, a nice greeting to Anne Frank and who with it, so to speak, the gassing of 4 Mi llion Jews were ridiculed during the Second World War and now there is a blogger Jenny Havelmann you see here she has 12,000 followers who lives in Israel is a survivor of Holocaust victims and is also very committed to remembering the Holocaust then said well Jan or the whole channel

Gewitter

im

Kopf

is a nazi channel or desig

nazis

the tweet can no longer be found but it can still be found in the judgment before I go into the whole judgment I'll go into the tweet myself I'll show you the verdict here now and the verdict still contains the tweet in the verdict Thunderstorms in the head should be displayed

Nazis

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

Nazis

with millions [email protected]

gewitter

in the head yes and the background of this statement is the thunderstorm in the head and that obviously means Jan and Tim is what I intend for you in showed the excerpt which is also no longer visible is yes that works too you have to search a bit you can always only find this excerpt here on Twitter which the court had to look at when he was in tarte flambée in the world in put the oven in the oven say hello to Anne Frank for me I think it worked really well like that and no comments from the other two and that's how it was uploaded to the YouTube channel, I have to say it was removed 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 you can see was online for at least three months too these these excerpts could not have been made this screencast and because of this excerpt the blogger said well they are

nazis

now of course Jan and Tim said we are not

nazis

that's all just in the wake of such a tic ks happens we don't want to put up with that we're taking action against the blogger against Jenny Harvermann and we're admonishing them we want her to stop doing that and in the future no longer claim us as

Nazis

, they did that and ultimately went for the Cologne Regional Court and you got your rights from the district court of Cologne, the district court of Cologne actually banned the blogger from naming the two

Nazis

and the verdict is quite current why Jan and Tim actually just say such a saying or jan has expressed it but Tim runs the channel saying such a saying and is allowed to upload it on two things we first say on the express on and later on upload again but before I Forget it, a little note on my behalf if you are affected by the Facebook data lack, you can quickly find out who iger seconds below in the catch check we try to get 1000 euros out for you so even in court proceedings if you have legal protection insurance anyway no problem but otherwise we try to help you even without legal protection insurance all information below in the caption check very briefly through the ten seconds whether we are affected then maybe we have a little treat for you back to the judgment of the district court of Cologne so in the preliminary injunction proceedings of Mr. jan Zimmermann and Tim Lehmann against the Jenny Habermann the 28 civil one can the district court of Cologne recognized on August 17th for right that the a two decree from October 21st is confirmed, that means there was already a decision in October last year which has now been confirmed again after a hearing and then this is indeed normal for the first time in such 1-cell decrees are described and unraveled and now one says the plaintiff the disposal cl Agers are active on social media under the stage name Thunderstorm in the head Dealing with the injunction clicker one with the disease is the common thread of the social media activities that is of course the case with Jan and also Tim who show these tricks again and again these have decided against the background of the authentic depiction of the illness of the plaintiff the ticks basically not so text can contain insults but you just saw that Kai Pflaume was called an asshole there are a lot of other very violent insults and also funny things I remember personally because I used to do it myself saw it then how was it still somehow in the K ölner Zoo they see a dolphin and say dolphins are gay sharks so you can see what must be going on in his head and that was another kind of tic that suddenly comes to mind, I don't know if it's hyper creative, something completely crazy and it is then simply 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 colonist and I regularly deal with the topic of anti-Semitism and she has already im In 2020 it was about which videos she published and said it was about the video in the oven greets Anne Frank and she then said here

Nazis

with millions of [email protected]

gewitter

in the often so the facts are broken down so that the course of the proceedings in said in the verdict here the guys from

Gewitter

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

Nazis

and that's the exciting thing now that you're here as so here So you say here in it doesn't matter whether you naziate whether it's an assertion of facts or as an expression of opinion, it wants to be a prerequisite for an inadmissible abusive criticism that it was done without any objective reason, so the argumentation of the lawyers from

Gewitter

was in your head well, 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 core on the basis of which you express your opinion, so some hook and the big question in this process was can this tic if it was a tic then can that that Being a hanger for such an expression of opinion

Nazis

are like that and that was the difficult question of the court here difficult question you have to say had to be answered in this judgment that means Jenny were not completely wrong that they had initiated proceedings at all here accordingly is something that a court then has to take a closer look at, but then she still had h said well first of all that wasn't a tic yes he said so and by the way i didn't know anyway that he even has a problem with it has a pathological problem that he expresses such tics i thought he would have said it like that it was sort of their argumentation I want to spare you here now come the reasons for the decision there is also the first part of a lot of legal stuff in which I'll save you sometimes it's exciting what I've highlighted here in yellow so the court the Cologne Regional Court evaluates a lot first in a legal manner and then says against this background, which they have previously carried out legally, the designation of the plaintiffs, i.e. the designation of Jan and Tim as

Nazis

, is an expression of opinion because, in the absence of a fact supporting the statement, this can have seeded say that Court says there is no core here, nothing that speaks for the fact that the

Nazis

could be because and that is the next part you have made it credible that the statement was made as part of a tic that he could not control and now comes the decisive sentence a statement that was not made intentionally but was not controllable due to illness is ruled out as a factual basis yes so Jenny said yes well, there are some facts that were the core of the video and on that 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 not controllable, which means you can don't say now there is some real core behind it or you say something like that once in a while you don't believe him even if he speaks the truth then he has already done something but you can't believe these tics at all they don't have any statement content says the district court of Cologne here more or less or tension in the proceedings is that one asks oneself the question e can ask was this a normal tic you saw earlier how he once expressed himself to Kai Pflaume you asshole yes that's how it ticked yes and now that we're looking at it again this is one of his normal texts yes you can seeing it that way is that what you usually see in your head when there is a thunderstorm yes then you have to say it is a medical condition or does he say so I have the thing right in my face plum cake in the world in the oven in the oven Greetings Anne Frank from me it felt a bit different, a bit more casual, a bit casual I think it worked great but I also have to say I can’t say I’m not a doctor so you need an expert to be able to clarify the whole thing here I can’t but it will also not give an expert, even if the whole thing goes to the next instance and the next instance will probably go, I'll show you another part of the judgment in a moment, namely the question of how it becomes so legal en that they uploaded it so then maybe they made it aware that is seen in the video and uploaded it but first I will show you the reactions of Jenny Havemann who says my objection to 1 2 order of thunderstorm in the head was by the regional court Cologne rejected
tourette urteil sind gewitter im kopf nazis anwalt christian solmecke
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