| ||
|---|---|---|
His Serene Highness Otto Eduard Leopold,Prince of Bismarck,Count of Bismarck-Schönhausen,Duke of Lauenburg Early career Legacy 
| ||
TheAnti-Socialist Laws orSocialist Laws (German:Sozialistengesetze; officiallyGesetz gegen die gemeingefährlichen Bestrebungen der Sozialdemokratie, "Law against the public danger of social democratic endeavors") was an act of theReichstag of theGerman Empire passed on 19 October 1878. After its original two-and-a-half year term had been extended four times, it was allowed to lapse on 30 September 1890.[1] Its many provisions and extensions have led to it frequently being referred to in the plural even though it was a single law.
Proposed and vigorously backed by ChancellorOtto von Bismarck, the law banned socialist, social democratic and communist associations and prohibited meetings and publications whose purpose was the overthrow of the existing state and social order. It led to a large number of arrests and expulsions and to social democratic activities going underground or abroad. Since it did not affect electoral laws, men with known social democratic backgrounds could run as independents and if elected speak freely in the Reichstag or a state'sLandtag under the protection of parliamentary immunity.
The law did not accomplish its goal of suppressing social democracy even after Bismarck, in an attempt to win voters away from the workers' movement, introduced a number of social insurance programs that were groundbreaking for their time. Solidarity among workers increased, and votes for social democratic candidates to the Reichstag more than quadrupled to over 1.4 million during the life of the law. The Reichstag's failure to extend the law in 1890 played a significant role in Bismarck being forced to resign as chancellor of Germany.
Two initially competingsocial democratic parties were established in Germany before the founding of theGerman Empire in 1871. The reform-orientedGeneral German Workers' Association (ADAV) was founded in 1863 on the initiative ofFerdinand Lassalle, and the revolutionary MarxistSocial Democratic Workers' Party of Germany (SDAP) in 1869 byAugust Bebel andWilhelm Liebknecht. The two parties merged in 1875 to form the Socialist Workers' Party of Germany (SAPD), which was renamed theSocial Democratic Party of Germany (SPD) in 1890.[2]
Otto von Bismarck, the Empire's first and longest-servingchancellor, was an adherent of monarchical principles of government who had a restrained or even hostile attitude to democratic ideas and feared the outbreak of asocialist revolution similar to the one that created theParis Commune in 1871. He considered the SDAP anenemy of the Empire and attempted repressive measures against social democracy and the nascent trade union movement early in his term of office.[3] In 1874 a repressive press law and in 1875 an attempt to criminalize "incitement to class hatred" failed in the face of opposition by theNational Liberal Party, although inPrussia, the Empire's dominant state, thelocal parliament forced the ADAV to disband in 1875.[4]
In 1878, two unsuccessful assassination attempts were carried out against EmperorWilhelm I: on 11 May byMax Hödel and on 2 June byKarl Eduard Nobiling. Bismarck took advantage of the attempts to propose the Anti-Socialist Law as a means to crack down more rigorously on the social democrats, who since the founding of the Empire had gone from one to 13 seats in the Reichstag. Although Hödel had been expelled from the SAPD shortly before his attack and Nobiling's assassination attempt was motivated by personal delusions, Bismarck allowed the narrative to be spread that the attacks were the work of social democrats.[5][6]
After the first attempt on the Emperor's life, Bismarck presented a draft "Law on defence against social democratic outrages" (Gesetz zur Abwehr sozialdemokratischer Ausschreitungen), which the Reichstag rejected by a vote of 251 to 57.[7] The law's wording was so broad that even centrist parties such as the National Liberals thought that the law could be directed against them.[8] Bismarck had in fact assumed that the National Liberals would oppose the measure and that he could then brand them as accomplices of the social democrats. Bismarck-friendly newspapers accused the National Liberals of not being aware of the "red danger".[9]
Following the second assassination attempt that left the Emperor seriously wounded, Bismarck used the ensuing public fury to dissolve the Reichstag and orchestrate a "war of annihilation"[10] against the social democrats, whom he accused of intellectual complicity. Even though no restrictive laws had yet been passed, prominent social democrats had their houses searched and papers confiscated during the election campaign.[9] As Bismarck had hoped, thenewly elected Reichstag was significantly more conservative than the previous:[10] the National Liberals lost 30 seats and the two main conservative parties, theFree Conservatives and theGerman Conservatives, gained 38.[11]
During the debate on the anti-socialist bill that Bismarck then introduced, August Bebel used his parliamentary immunity to let the public know what had happened after the previous Reichstag was dissolved:[9]
Just as in the Middle Ages religious dissenters ... were persecuted, in the last quarter of the nineteenth century a general war of hatred was staged against social democrats as political dissenters. Men of social democratic convictions were thrown out of work and bread and their livelihoods were cut off, they were insulted and slandered and declared to be without honor or rights.
In a parliamentary committee formed to discuss the draft bill (on which no social democrats sat),Eduard Lasker of the National Liberals was able to get a clause added requiring that it be put before the Reichstag every two-and-a-half years for a reauthorization vote.[7] Using the conservative press, Bismarck let it be known that if the National Liberals allowed any additional changes, they would risk yet another new election.[9] On 19 October 1878, the bill's supporters prevailed in a 221 to 149 vote. All National Liberals voted for the law, as did the members of the two conservative parties, while those from the left-liberalGerman Progress Party, the CatholicCentre Party – which had been the object of Bismarck's anti-CatholicKulturkampf – and the SAPD voted against it.[7]
On 21 October 1878, theBundesrat approved and EmperorWilhelm I signed the law. It became legally binding when it was promulgated the following day. It was subsequently renewed 4 times: in 1880, 1884, 1886 and 1888. The law expired on 30 September 1890, after Bismarck had resigned as chancellor.[12]
The law prohibited societies, meetings, publications, public festivities and processions that "aim[ed] at the overthrow of the existing political or social order through social-democratic, socialist or communist endeavors". It also banned collecting or appealing for contributions to support such activities. When a society or publication was prohibited, its cash assets, printed material and any other "objects intended for the purposes of the society" were to be confiscated. Prohibitions could be appealed, but they would still go into effect immediately.[12] Participation in elections and membership in parliamentary bodies were notably not banned.[9]
Members of prohibited societies or anyone engaged in an activity in its interest or who attended a prohibited meeting could be fined up to 500 marks or imprisoned for up to three months. Any who participated "in a society or assembly as chairmen, leaders, monitors, agents, speakers, or treasurers, or those who issue[d] invitations to attend the meeting" could be imprisoned for between one and twelve months. Those who provided a place of meeting could, in addition to the prison time, have their businesses closed. Anyone who distributed or reprinted a prohibited publication could be fined up to 1,000 marks and sentenced to as much as six months in prison. Those convicted under the laws could be denied residence in a district or, if a foreigner, expelled from the country.[12]
The law resulted in the banning of the Socialist Workers' Party of Germany (SAPD) and its affiliated organizations such as trade unions. Altogether some 330 workers' organizations, including many trade unions, were banned during the twelve-year life of the law.[13] 797 social democrats were expelled as "agitators" from cities where a minor state of siege was imposed.[14] They included Berlin in November 1878 (67 expelled) andHamburg in 1880 (350 expelled). Many socialists went into exile under the political pressure of the law, mainly to France, Switzerland, England and the United States of America.[15]
The Anti-Socialist Law did not affect electoral laws or parliamentary immunity. Men who were known to have social democratic backgrounds were still able to run as individuals in elections and legally participate in parliamentary work in the Reichstag and state parliaments.[8] When the law was passed, SAPD members Wilhelm Liebknecht, August Bebel,Wilhelm Hasenclever andWilhelm Hasselmann had been Reichstag members since the 1874 elections.
The SAPD's leadership called for a response of strict legality.[16] As existing organizations were banned, members formed outwardly non-political groups ranging from singing clubs to relief groups that pooled money to help members who were sick or out of work.[7] Social democratic publications moved outside the country, and copies were smuggled from there into all parts of Germany through the "red field post".[17]Der Sozialdemokrat became the main newspaper of German and international social democracy during the life of the Anti-Socialist Law. It was published inZurich beginning in 1879 and distributed illegally in Germany, reaching a circulation of about 10,000 by 1886. After Swiss authorities expelled its editors in 1888, it was published and printed in London.[18]
In contrast to the careful and pragmatic approach of party leaders, some party members radicalized in the face of the government's crackdown. According to historianVolker Ullrich, "Only ... in the intensified confrontation with the class state didMarx's theories find widespread resonance, because they met the need for a party ideology that explained the de facto pariah status of social democracy and at the same time pointed the way to a better future."[19] Among the rank and file, the repression increased the sense of solidarity, and sympathy for their situation was felt not only in Germany's working class but also extended well into the bourgeoisie. Late in 1880, Berlin's police president noted
that the courage of German social democracy remains unbroken, that the movement, which had slackened somewhat for a time, has now gained new momentum, and that people's minds are once again filled with the best hopes.[20]
Despite the prohibitions, membership in labor unions grew from 50,000 before the Anti-Socialist Law to 250,000 when it lapsed in 1890. During the final three years under the law, there were 670 strikes in Germany.[7]
Bismarck was aware of the relative limitations of repressive measures. He therefore worked with the forces of reform in the Empire to push through social legislation that was progressive for its time. The goal was to win social democrats over to the government side by showing them that "the state is not merely a necessary institution but also a benevolent one". Bismarck successfully had health insurance passed in 1883, accident insurance in 1884 and old age and disability insurance in 1889. The measures, which were relatively weak, did little to slow the growing strength of the social democrats.[21] The party received 312,000 votes in1881, 550,000 in1884, 763,000 in1887 and 1,427,000 in1890. With the latter result, the SAPD won the most votes of any party in the Empire, although because of increasingly unequal numbers of voters in urban versus rural districts, it held only 35 of the 397 seats in the Reichstag.[11]
As the time to renew the Anti-socialist Law in 1890 approached, Bismarck wanted to either make the law both permanent and harsher or to incorporate its measures into the Empire's criminal code.[22] The fifth attempt to extend the Socialist Law on 25 January 1890 failed in the Reichstag by a vote of 169 against and 98 for. The deputies of theGerman Reich Party and the National Liberals voted in favor of the extension, while the Centre Party,Free-minded Party,Conservative Party, SAPD and the representatives of the Poles, Danes and Alsace-Lorraine voted against it.[23] The law officially lapsed on 30 September 1890.[12]
The key point of contention in the final debate over the law was the clause that allowed those convicted under it to be denied residency, a power which Bismarck wanted to strengthen and the Reichstag to remove. Overall, however, it was the continued growth and strength of the social democratic movement and the inability of Bismarck's supporters to find common ground on how to fight it that led to the law's lapse.[24]
Bismarck's failure to pass a permanent anti-socialist law and the strengthening of social democracy in the1890 Reichstag election played a decisive role in Bismarck's dismissal by EmperorWilhelm II, who had ascended the throne in 1888.[25]
Overall, social democracy emerged stronger from the conflict with the German government. In the firstReichstag election after the end of the Anti-Socialist Law on 15 June 1893, the Social Democratic Party received more votes than any other party in the Reichstag (1,787,000).[11]
