The AfD has failed in its action against the then Minister President of Rhineland-Palatinate, Malu Dreyer, and the state government. The Constitutional Court of Rhineland-Palatinate ruled that Dreyer's participation in a demonstration and statements against the AfD on social media and on the state government's website were permissible (case reference: VGH O11/24 of 2 April 2025)

In the court's opinion, the publications did constitute an infringement of the party's right to equal opportunities. The Prime Minister and her government had also not complied with the neutrality requirement. However, the publications were justified for the protection of the free democratic basic order because the state sees itself as a defensive democracy. Furthermore, Dreyer's statements were neither arbitrary nor unobjective.

„In general, the neutrality requirement applies above all to political parties: state officials should not influence the political decision-making process - for all levels of government, including local authorities and mayors. However, the requirement of neutrality does not override the right to be loyal to the constitution and must not run counter to the self-image of a defence-oriented democracy,“ says Rechtsanwalt Tobias Schröter. „Public officials are therefore also allowed to distance themselves in their office from a party that is categorised as anti-constitutional in parts. The Constitutional Court has convincingly emphasised this.“