Incitement to hatred? - Judgment over Star of David at corona demo overturned
The Bavarian Higher Regional Court has overturned the conviction of a woman for incitement to hatred based on the use of a Star of David at a Corona protest. The Traunstein District Court had sentenced her to a fine of 1.800 Euro (90 installments of 20 Euro). According to the press office of the Higher Regional Court, the case must now be decided anew by another chamber of the Traunstein District Court (Az. 206 StRR 199/24).
The defendant, a 49-year-old woman, wore a yellow ribbon with the inscription "Unvaccinated" and a Star of David with the same inscription at an anti-government demonstration against Covid-19 measures in 2022.
These signs had previously been seen at rallies of Corona measures opponents. The wearing of these signs during Corona demonstrations was often criticized as antisemitic due to their association with the stigmatization and persecution of Jews during the Nazi terror. However, it is a matter of debate whether the use of these signs is punishable and fulfills the requirements of the incitement to hatred offense.
The Higher Regional Court of Braunschweig had come to a different conclusion in a similar case last year. Not every trivialization of National Socialist crimes is punishable, the judges in Lower Saxony emphasized. The law explicitly requires that the trivialization refer to a specific genocide.
The Senate of the Bavarian Higher Regional Court did not follow the view of the judges in Braunschweig, but criticized the Traunstein District Court for not making sufficient findings regarding the individual case. The connection to the Holocaust must be worked out more convincingly in the judgment. A justice spokesperson explained that, for example, the appearance of the button, the size of the star, and the font of the slogan "Unvaccinated" could be relevant.
The Bavarian Supreme Court's ruling on the woman's case has sparked controversy in Munich, with some viewing it as a relaxation of hate speech laws during the Covid-19 pandemic. The defendant's conviction for incitement to hatred based on the Star of David at a Corona protest in Traunstein was overturned.
The woman, who is from Bavaria, used a Star of David with the inscription "Unvaccinated" at an anti-government demonstration against Covid-19 measures. This act was seen as controversial, with some interpreting it as antisemitic due to its historical associations.
Following the Higher Regional Court's decision, there have been calls for clarity in Bavaria on the line between free speech and incitement to hatred during the Covid-19 pandemic. Critics argue that the use of the Star of David in this context could be seen as trivializing the Holocaust, a crime against humanity.
In a similar case last year, the Higher Regional Court of Braunschweig in Brunswick ruled that not every trivialization of National Socialist crimes is punishable. They emphasized that the law requires a specific reference to genocide.
However, the Bavarian Supreme Court in this case criticized the Traunstein District Court for not providing sufficient evidence to establish a clear link between the defendant's actions and the Holocaust. They suggested that factors such as the appearance of the button, the size of the star, and the font of the slogan could be relevant in assessing the case.
The overturned conviction has raised questions about the balance between freedom of speech and the protection against incitement to hatred during the Covid-19 pandemic. Some believe that the use of symbols with historical connotations in this context should be subject to stricter scrutiny.
