. NMT03-T0161
Volume III · Page 161
Articles 114, 115, 117, 118, 123, 124, and 153 of the constitution of the German Reich are suspended until further notice.4 Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association and interferences with the secrecy of postal, telegraphic, and telephonic communications, and warrants for house searches, 'orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.
[All footnote quotations from the Weimar constitution used in this volume have been taken from the translation in Select Constitutions of the World, edited by B. Shiva Rao (Mylapore, Madras, The Madras Law Journal Press, 1934), page 208 and following pages.]
If in a state [Land] the measures necessary for the restoration of public security and order are not taken, the Reich government may temporarily take over the powers of the highest State authority.
The authorities of the states [Laender] and local communities have to comply, within their competency, with the orders of the Reich government issued on the basis of article 2.
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4These articles, contained in part II ("Fundamental Rights and Duties of Germans") of the Weimer constitution, read:
"Article 114. Personal liberty is inviolable. No encroachment on or deprivation of personal liberty by any public authority is permissible except in virtue of a law.
"Persons, who have been deprived of their liberty, shall be informed--at the latest on the following day--by what authority and on what grounds the deprivation of liberty has been ordered; opportunity shall be given them without delay to make legal complaint against such deprivation.
"Article 115. The residence of every German is an inviolable sanctuary for him; exceptions are admissible only in virtue of laws.
"Article 117. The secrecy of correspondence and of the postal, telegraph, and telephone services is inviolable. Exceptions may be permitted only by law of the Reich.
"Article 118. Every German has the right, within the limits of general laws, to express his opinion freely, by word of mouth, writing, printed matter or picture, or any other manner. This right must not be affected by any conditions of his work or appointment, and no one 's permitted to injure him on account of his making use of such rights.
"No censorship shall be enforced, but restrictive regulations may be introduced by law in reference to cinematograph entertainments. Legal measures are also admissible for the purpose of combating bad and obscene literature, as well as for the protection of youth in public exhibitions and performances.
"Article 123, All Germans have the right without notification or special permission to assemble peaceably and unarmed.
"Open-air meetings may be made notifiable by a law of the Reich, and in case of direct danger to public security may be forbidden.
"Article 124. All Germans have the right to form unions and associations for purposes not ;a contravention of the penal laws. This right may not be restricted by preventive regulations. The name provisions apply to religious unions and associations.
