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In political discourse - in the case of ideational language - there is a right to imagination, error and snub of the recipients ("soldiers are murderers"). In advertising - in commercial language - there is a duty to truth, to substantiate and to respect the rights of the recipients. In its Benetton decision, the Federal Constitutional Court seems to assume that both forms of language are protected in Article 5 of the Basic Law. This raises the task of investigating and, if necessary, resolving (evaluation) contradictions.
In order to answer the question of whether and how advertising as an "opinion" is to be protected in Article 5 of the Basic Law, Community law, the European Convention on Human Rights and American constitutional law - as "trendsetters" of extensive constitutional protection of advertising - are used.
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