Prohibition of unfair or deceptive recruitment on public property and authorization of the police to order recruiters to leave

Facts

On June 12, 1996, the Grand Council of the Canton of Basel-Stadt referred a motion to the Governing Council criticizing the Scientology organization and its practices, particularly in member recruitment. In response, the Governing Council adopted Advice No. 8838 on July 7, 1998, proposing a criminal provision against intrusive recruitment methods on public property. On September 16, 1998, the Grand Council added the new § 23a to the cantonal Misdemeanor Penal Code, which criminalizes recruitment through deceptive or unfair methods on public property and authorizes the police to order recruiters to leave if there are indications of unlawful, particularly deceptive or otherwise unfair methods, or if passers-by are unreasonably harassed.

Considerations

The Federal Court dismisses the constitutional complaint against this legislative amendment. It holds that the disputed provision may interfere with the scope of freedom of religion, but is in the public interest and proportionate. The terms "deceptive" and "unfair" are sufficiently precise to serve as a basis for criminal provisions. The authorization of the police to issue orders to leave is also constitutionally interpretable and serves to protect the rights and freedoms of third parties.

The Federal Court emphasizes that the peculiarities of the competition of ideas…