§ 86 StGB Dissemination of Means of Propaganda of Unconstitutional Organizations
(1) Whoever domestically disseminates or produces, stocks, imports or exports or makes publicly accessible through data storage media for dissemination domestically or abroad, means of propaganda:
[…]
means of propaganda, the contents of which are intended to further the aims of a former National Socialist organization,
shall be punished with imprisonment for not more than three years or a fine. […]
(3) Subsection (1) shall not be applicable if the means of propaganda or the act serves to further civil enlightenment, to avert unconstitutional aims, to promote art or science, research or teaching, reporting about current historical events or similar purposes. […]
A quick look at the article shows what they really want is to “defend and promote” their small business through grants from the Department of Commerce’s Minority Business Development Agency. Such patriotic defenders of capitalistic ethical standards. I wonder how long that agency will last under Trump (after these two jerks get their cut, that is).
And the Basic Law was written so you can’t hide behind some of it’s protections to attack the freedoms it tries to guarantee. It is often shortened to the concept “no freedom for the enemies of freedom”.
For example Article 18 makes clear you can loose the basic rights if you try to misuse protections to your advantage while trying to damage the current democratic system.
Article 18
[Forfeiture of basic rights]
Whoever abuses the freedom of expression, in particular the freedom of the press (paragraph (1) of Article 5), the freedom of teaching (paragraph (3) of Article 5), the freedom of assembly (Article 8), the freedom of association (Article 9), the privacy of correspondence, posts and telecommunications (Article 10), the rights of property (Article 14), or the right of asylum (Article 16a) in order to combat the free democratic basic order shall forfeit these basic rights.
If you try to argue “religious freedom is protected by Basic Law” and want to establish a theocracy you can loose the protection of the Basic Law and criminal law will apply again.
Just in case you’re still breathing… please stop with the straw man arguments.
No one is claiming that Hitler invented these symbols, but they have become symbols of hate and genocide, at least in the western world. If you want to deny that, you’re either wilfully ignorant or outright lying.
They do have other contexts, yes, but this one here is obvious.
The law was misapplied. It is no longer a problem:
On March 15, 2007, the Federal Court of Justice of Germany (Bundesgerichtshof) held that the crossed-out symbols were “clearly directed against a revival of national-socialist endeavors”, thereby settling the dispute for the future
