Höcke trial: Which Nazi slogans and symbols are punishable?

Höcke trial: Which Nazi slogans and symbols are punishable?

Björn Höcke is on trial because he used Nazi language. Our author explains which slogans and symbols are banned in Germany and which are not.

Anyone who publicly uses swastikas or SS runes must expect punishment. But Section 86a of the Criminal Code is not limited to badges and symbols; Also forbidden are “slogans and greetings” from the National Socialists and other enemies of the constitution. “Heil Hitler” and “Sieg Heil” are clear cases, but not the only ones. The AfD southpaw Björn Höcke is currently on trial for using the SA slogan “Everything for Germany”.

Legally, the saying is on a par with slogans such as “Germany awaken,” which was also used by the SA, or the SS-typical “My honor is loyalty,” as well as the “blood and honor” talk of the Hitler Youth. However, the law only covers expressions that were actually used in the same way or in a similar way. The Federal Court of Justice found that “Blood and Honor” – the English translation of the Hitler Youth slogan – did not fall under the paragraph.

Nazi symbolism: The context is crucial

Whether something is punishable also depends on the context. The law is intended to protect peace, democracy and Germany’s reputation. However, if these goals are not impaired by the use of Nazi slogans, the regulation does not apply. This is the case, for example, when opposition to National Socialism becomes clear.

As the Bundestag’s Research Service points out, the display of garden gnomes with their right arms raised in the Hitler salute was not punished – because the works of art were intended to ridicule National Socialism.

Source: Stern

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