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High court upholds incitement clause used against neo-Nazis

DDP/The Local · 17 Nov 2009, 12:14

Published: 17 Nov 2009 12:14 GMT+01:00

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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.

Story continues below…

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)

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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"
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