Comparing Israel to Nazi Germany is protected under freedom of expression, a German court has ruled, according to the legal journal Beck-aktuell.
The Higher Regional Court (OLG) of Zweibrücken acquitted a woman who compared the actions of the State of Israel to the methods of the Nazi regime. The woman posted on her Instagram story a table comparing the actions of the National Socialists with those of Israel. Above it appeared an image showing the Israeli flag on one side and the Nazi Party's flag, with a partially visible swastika, on the other.
She then shared another post depicting a wall bearing a Star of David with a swastika inside it. The post included the hashtags #FREEPALESTINE and #GAZAUNDERATTACK.
The Ludwigshafen District Court had previously convicted the woman on two counts of using symbols of unconstitutional organizations and fined her a total of €2,400.
On appeal, however, the Higher Regional Court overturned that decision. According to the new ruling of the appeal court, the German criminal offense of "using symbols of unconstitutional organizations" was not fulfilled in this case, as the symbols were used to "express sharp criticism of the methods of the State of Israel while being accompanied by a clear distancing from, or condemnation of, Nazi wrongdoing."
The specific German law in question is designed to prevent the revival of unconstitutional organizations, and, in theory, covers any display of the relevant symbols that creates the appearance of promoting such organizations.
German court rules that Israel-Nazi comparison is free speech
However, the appeal court said this protection cannot be interpreted without limits, particularly given the constitutional guarantee of freedom of expression.
The court held that the first post's table comparing the actions of Israel and those of the Nazis should be understood as expressing the user's opposition to the ideals represented by National Socialism.
The court also ruled that the offense of incitement to hatred was not established. It stressed that German law does not automatically prohibit every comparison with the Holocaust. The legal threshold is crossed only where statements are capable of disturbing the public peace, for example, through explicit Holocaust denial, trivialization, or minimization.
The court said that harsh criticism of another state does not by itself meet that threshold.
Because no further factual findings were expected, the court considered the case ready for final judgment and acquitted the defendant of all charges