• Germany edition
NPD memorial march in Wunsiedel earlier this month. Photo: DPA

High court upholds incitement clause used against neo-Nazis

Published: 17 Nov 09 12:14 CET
Online: http://www.thelocal.de/national/20091117-23329.html

A ruling issued by Germany's Constitutional Court on Tuesday could support future bans on rallies and demonstrations by right-wing extremists intending to glorify the Nazi dictatorship.

The decision by the high court in Karlsruhe upholds an anti-incitement clause in the German penal code, deeming it constitutional and thus consistent with Germany’s Basic Law and provisions on freedom of opinion.

According to Paragraph 130 Section 4 of the penal code, “whoever publicly or in a meeting approves, glorifies or justifies acts of violence or arbitrary acts committed under the rule of National Socialism in a manner capable of disturbing the public peace by injuring the honour of the victims” is subject to a fine or jail term of up to three years.

The court’s decision to uphold the criminal code on incitement, in effect since April 2005, supports a previous ruling to ban neo-Nazi marches commemorating Rudolf Hess, Adolf Hitler’s Nazi party deputy.

The ruling also serves as a rejection of a constitutional complaint from October 29 lodged by the late neo-Nazi organiser and National Democratic Party deputy chairman Jürgen Rieger.

DDP/The Local (news@thelocal.de)

What do you think? Leave your comment below.

Fark It! Digg This  Share everywhere
Send to a friend Printable version Twitter This

Your comments about this article:

12:36 November 17, 2009 by Aschaffenburgboy
I don't know why countries tolerate these groups. In the states you have the infamous KKK, they are so worried about terrorism 5000 miles away, and don't realize that the ones they should be concerned about are living right at home, and have rights that an outsider living in some hill in Pakistan doesn't. I don't understand this, we all know what racist groups like these are capable of doing, but I do not see the US or German Military treating them the same way they treat the Pakistani, the one that gets bombs dropped on his home for having a meeting with fellow believers.

Why are we cleaning other's people houses when ours is probably dirtier? Someone please elaborate on this, enlighten bitte.
12:43 November 17, 2009 by Portnoy
Maybe because Saudi terrorists who trained in Pakistan and Afghanistan killed more than 3,000 people in New York while the KKK killed, uh, well not really anyone. And how many deaths are attritbuted to the NPD in Germany exactly? I don't think it was them leaving bombs at the Dresden train station.

You can outlaw the parties but you can't get rid of these lunkheads. Better to have a legal party where you can watch them then force them to stay completely in their filthy little hovels.
15:29 November 17, 2009 by Newmanator
Historically, the KKK was responsible for hundreds on lynchings and murders in the Southern states. Though not nearly on the same scale as the murder perpetrated by the 9/11 terrorists, nor does the KKK harbor ambition to acquire nuclear weapons for the destruction of western democracies, or advocate the destruction of entire nations (Israel). A comparison of the KKK and the Taliban / Al Quaeda is silly, the latter obviously being the greater threat not only to American, but to global freedom and democracy.
03:34 November 18, 2009 by Davey-jo
As an Englishman I am confident that Germany is not going to fall for the old Nazi trick again. No way, not ever. Consequently and perhaps bizarrely I think Germany should allow full freedom to these ridiculous idiots. You have nothing to fear from them. Your neighbours do not fear you anymore and besides they have their fair share of similar twits. Let them strut and swear against immigrants; let them pretend that foreigners are to blame for everything. No-body is listening to them. They are idiots and everyone knows. Just relax and pour scorn on them. Do not take them seriously.
19:30 November 19, 2009 by Major B
Aschaffenburgboy, will give your last question a shot

Newmanator is partially correct. Actually some historians have estimated the number of African-Americans killed by the KKK to be several thousand from its inception in 1866 to the 1960's, the peak of the American Civil Rights movement. Comparisons of the KKK to Al Quaeda and the Taliban, ect. are correct. Arising in the immediate aftermath of the American Civil war(1861-1865), the KKK was a domestic U.S. terrorist group that objected to the freedom of the former slaves and the lost of status and privilege of the "genteel" Southerners. The literally terrorized thousands of families for decades, were cowardly and wicked, and are now turning over in their graves over the idea of U.S. president of color. Wickedness knows no color, race or class. The KKK, and their neo-NAZI offspring in America are despicable and shameful and will never "rise again"
ADD YOUR COMMENT   (YOU MUST LOG IN OR REGISTER TO MAKE A COMMENT)
Today's headlines
Photo: DPA

Merkel kicks out minister after election disaster

Chancellor Angela Merkel fired her environment minister on Wednesday afternoon, kicking out Norbert Röttgen who led her conservative party to a historic loss in the country’s most populous state, North Rhine-Westphalia on Sunday. READ (7 COMMENTS) »

Photo: DPA

Holiday weather offers little to celebrate

Some parts of Germany will be better suited for cross country skis than swim suits over the Thursday bank holiday and long weekend, the German Weather Service (DWD) said on Wednesday. READ (1 COMMENT) »

Photo: DPA

Merkel gives self and ministers pay rise

German Chancellor Angela Merkel will soon have an extra €930 in her pocket each month, after the country's cabinet decided on Wednesday to award themselves their first pay rise for over a decade. READ (1 COMMENT) »

Photo: DPA

'Blockupy' protests paralyse Frankfurt

Germany’s financial centre was in lock-down on Wednesday, with Frankfurt police advising those bankers insisting on turning up to work early not to wear suits – as police moved in to clear a protest camp in the centre of the city. READ (7 COMMENTS) »

A similar mask, as displayed by the police. Photo: DPA

Teenager 'wore horror mask to kill pensioner'

A teenager who killed an old woman by stabbing her 40 times with a knife was wearing a terrifying horror-film style rubber mask during the attack – and then hid it before calling the emergency services, German police say. READ (1 COMMENT) »

Photo: DPA

Football hooligans ruin Düsseldorf's victory

Düsseldorf football fans invaded their own team’s field on Tuesday evening, disrupting the match which their team was about to win. Their opponents only played to the end on police advice to prevent a blood bath, it emerged later. READ (6 COMMENTS) »

Photo: DPA

Left-wingers: we torched EU taskmaster's car

German left-wing extremists have claimed responsibility for an arson attack against the man they hold responsible for impovershing the Greek people. The attackers burned his wife’s car and threw paint and stones at his house. READ (7 COMMENTS) »

Photo: DPA

Merkel, Hollande: let's keep eurozone together

French President Francois Hollande and German Chancellor Angela Merkel stressed their desire to keep the eurozone together on Tuesday evening in key talks just hours after France's new leader was inaugurated. READ (4 COMMENTS) »

More National
Highlights
Photo: DPA
LIFESTYLE »
The Local's English-language movie listings for Germany
Photo: LuAnne Cadd
SOCIETY »
German policeman and dog trainer Marcel Maierhofer told The Local about a new project to team up bloodhounds with rangers in Congo to help fight poaching.
Photo: DPA
SOCIETY »
Pee sitting down and make eye contact while clinking glasses and you can't go far wrong. This week's Local List collates essential etiquette tips for foreigners in Germany.
Photo: DPA
LIFESTYLE »
What's on in Germany: May 10 - 16
Photo: DPA
SOCIETY »
Football violence is increasing in Germany, but the Bundesliga is booming. The Local asked Jacob Sweetman of No Dice magazine to square the circle.
Photo: Steffen Shellhorn
SOCIETY »
Nelson the baby parrot at Leipzig Zoo, dubbed Germany's ugliest bird, has been rejected by his mother, paving the way for what could be a Knut-esque career in the limelight.
Photo: Poker Listings
SPONSORED ARTICLE
Suck-outs and failed bluffs
Photo: Contiki
SPONSORED ARTICLE
Ten great reasons to travel this summer
Photo: Mobilitas
SPONSORED ARTICLE
Moving made easy: Top tips for your international move
Photo Highland Titles
SPONSORED ARTICLE
Become a Scottish landowner - and a Laird, Lord or Lady in the process.
Photo: Eurail
SPONSORED ARTICLE
The ten best railway stations in Europe



See all ads | Join the Marketplace

Jobs in Germany, in English

1223 jobs available
728 new jobs this week
0 new jobs today

ALL JOBS »

Latest news from The Local in Sweden

More news from Sweden at thelocal.se

Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Norway

More news from Norway at thelocal.no

Blog
Essentials

Dating
Looking for your own blonde bombshell? Or is the strong, silent type more your style? Find a German sweetheart here.

Weather
"After clouds comes clear weather," say the Germans. But what about after that? Find out in The Local's weather section.

Blog
German stuff that's distracting us today.

Noticeboard
Whether you want to buy, sell, hire, announce or promote something, here's the place to do it - completely free of charge.

Discuss
Debate the news, ask for advice, make friends - or just let off steam.

Search News


Register

Register now for:
> Free use of noticeboard
> Special discounts
> Weekly news roundup
> Unlimited use of discuss

REGISTER FOR FREE »

News from the Goethe-Institut
News from Young Germany
News from DeutschlandOnline

Toytown Germany
Germany's English-speaking crowd
Little house in Spain
'Charming, old, beamed cottage for holiday let in Jesus Pobre, Alicante, Spain
www.littlehouseinspain.com/
ERICON Broker GmbH
Spectrum Int. aLC Master Agent for int. Private Health Ins. also offering all kinds of NATO/ BFG Insurances, Tel.: 0049 (0)2451 910 94 50, Email: info@ericon-broker.com
www.ericon-broker.com
Frustrated by your US Expat Taxes? Greenback can help!
Whether you need to file for multiple years, have a complicated tax situation, or just need to stay compliant, Greenback Expat Tax Services can help. We offer flat fees ($349 for a federal return) and you work directly with one of our 6 CPAs or EAs
www.greenbacktaxservices.com
Hotel reservations in Berlin
Visiting Berlin anytime soon? Book your hotel in Berlin here.
Rental apartments in Berlin
For home-from-home holiday accommodation, search for a Berlin apartment to rent.
Trade CFDs with InterTrader.com
Start trading shares, equities, forex, etc. No commission on equities; Low min. margins. Apply for a CFDs account now!