Only one instance can answer that, the Bundesverfassungsgericht. Getting that answer is part of the process to ban a party. Some people might not want that question answered.

you mean the Bundesverfassungsgericht that is directly legally beholden (weisungsgebunden) to the opposition? imagine if the roles where reversed.

Uh, come again? Who is beholding what?

https://www.gesetze-im-internet.de/bverfgg/__1.html

Well, given it is in none of his published works: nothing?

Even if the quote was correct, it is about free speech. Being elected and holding political office is beyond that.

You never use a parable to metaphor to clarify something or make a point?