Comment by vlowrian
17 hours ago
> and they regularly imprison or fine people for anti-left political opinions
Do you have any sources to substantiate this claim? In particular, including under which law a prison sentence or fine was imposed for the expression of a constitutionally protected political opinion.
Nice try. The German constitution is a poor document and doesn't protect political opinion, so your "constitutionally protected" political opinion caveat just makes it useless. You'd just defend every example with "our constitution allows that" rather than recognizing that it just means the constitution itself is wrong.
Example: the American author CJ Hopkins has been repeatedly prosecuted in Berlin despite being acquitted the first time, because in Germany there's apparently no constitutional prohibition against double jeopardy. His "crime" was criticizing COVID authoritarianism. You're now going to tell me why the German constitution allows this, and incorrectly use that as a moral justification.
Any source showing people being imprisoned or fined merely for expressing an anti-left opinion then? Which specific law were they convicted under?
The claim that Germany has "no constitutional protection against double jeopardy" is false. Art. 103(3) of the constitution embodies ne bis in idem. The German criminal procedure allows legal remedies (appeals), including Revision (appeal on points of law), which can be brought by both parties before a judgment becomes final. That’s what happened in this case.
In the CJ Hopkins case, the issue was not "criticizing COVID authoritarianism" as such, but the use of a banned symbol under 86a StGB. One can freely say "the government acted authoritarian during COVID"; that kind of political criticism is protected speech under Art. 5 GG.
> and incorrectly use that as a moral justification.
I’m not interested in moral justifications. Morality is a matter of opinion, and you’re entitled to yours just as I am to mine. The same applies to your view of the German constitution.
However, backing up claims about concrete cases with sources helps me (and others) understand which cases you’re referring to and whether they actually support your argument in a way that lets me learn something new (preferably) or whether we'll simply end up acknowledging that we have different opinions on the matter ;)
You're doing exactly what I said you'd do. Zero shame. Morality is not just a matter of opinion.
> the issue was not "criticizing COVID authoritarianism" as such, but the use of a banned symbol under 86a StGB
Of course it was the issue. German media puts swastikas on things without any legal problems when they are government aligned.
https://www.amazon.de/-/en/SPIEGEL-Nichts-gelernt-Jahre-Bund...
It's only people criticizing the left who get prosecuted under such laws. That's deliberate.
> Which specific law were they convicted under?
Germany forbids insulting politicians, and German politicians use it extensively. Habek has filed criminal complaints against over 800 people. The German Chancellor has probably filed thousands of such complaints given the numbering of the case files.
From a German court order:
At a time that cannot now be determined more precisely, in the days or weeks before 20 June 2024, the accused published an image file using his account that showed a portrait of the Federal Minister of Economic Affairs with the words “professional moron” … in order to defame Robert Habeck in general and to make his work as a member of the federal government more difficult.
The public prosecutor's office affirms the public interest in criminal prosecution.
This is punishable as defamation directed against persons of political life in accordance with §§ 185, 188 para. 1, 194 StGB. ...