It’s about the order of the fundamental rights, not so much where they are in the constitution.<p>Well, considering that the US bill of rights is freaking 158 years older than the German constitution, it wins always, anyway. Never mind the order :)<p>(Full disclaimer: I’m German and quite like our constitution. Just not so much when it comes to free speech. The article and how it’s been interpreted by the constitutional court is quite good, but I’m quite a fan of US style freedom of speech.)