“What influential, interconnected woke groups are doing here in Germany, but also in Europe, is: they are systematically and deliberately trying to destroy freedom of expression—and in that respect, JD Vance hit the nerve in his Munich speech —and they are doing that by making the price of expressing an opinion so high that you either simply stop doing it or you better ask a lawyer first, for simple sentences and simple images, and even lawyers are sometimes wrong.”
In this first part of a three part series on censorship in Germany, attorney Dirk Schmitz explains to Cornelia Mrose how public prosecutors and judges are destroying freedom of speech through unequal application of law and disproportionality. Case in point is his client Alexander Wallasch whose independent news platform has been threatened to be shut down by the Lower Saxony State Media Authority. Attorney Schmitz: “We have a dramatic erosion of the law in Germany, and that takes place firstly in the area of unequal application of the law and then in the area of disproportionality.”
Germany doesn’t have any laws against hate speech - but that doesn’t prevent state prosecutors and judges from prosecuting and sentencing people for expressing politically incorrect opinions: “Nowadays, hate speech and incitement are prosecuted, even though they are not criminally prosecutable according to the law.”
He describes how a two-tier justice system has been created through countless judicial verdicts where different standards are applied to defendants according to their political views: “All courts currently operate in the same way: Criminal complaints against left-wing attacks are deliberately and systematically ignored by the German authorities if they go in the wrong direction… In recent years, free speech prosecutions have multiplied due to a politically dominated or compromised legal system.”
CHAPTERS
00:00 Alexander Wallasch And His News Platform
01:26 Censorship And Freedom Of Expression In Germany
01:40 Limits Of Freedom Of Speech In German Law
02:00 How Germany’s Constitution Guarantees And Limits Freedom Of Speech
03:20 Each Federal State In Germany Has Its Own Press Law
03:40 Criminal Speech Offenses: Insult And Slander
04:00: “Incitement To Hatred” - Volksverhetzung
05:30 Germans As A Group Are Incapable Of Being Offended
06:15 Germans Are Not An Ethnic Group According To German Law
07:13 ‘Enclosure Of The Law’ - Curtailment Of German Law Through Judicial Verdicts
08:00 Who Decides What is Incitement to Hatred?
09:01 Insulting A Politician Is An Aggravating Offense
09:49 Unequal Application Of The Law And Disproportionality
10:58 Public Prosecutors Have No Independent Function Whatsoever In Germany
12:25 All German Courts Operate Currently In The Same Way - Why?
13:55 Eugyppius’ Substack ‘A Plague Chronicle’
14:18 Free Speech Cases: Attorney Schmitz’ Daily Business
14:30 Free Speech Prosecutions Have Multiplied In Recent Years
14:41 Nazi Emblems Forbidden In Germany For Historical Reasons - But Not Always
18:10 National Socialist Slogans Can Lead To Prosecutions
19:43 People On The Left Are Allowed To Use Nazi Emblems In A Negative Sense - But Conservatives Are Not
20:08 AfD Members Are Prosecuted When They Draw Parallels Between Current Events In Germany And The Third Reich
21:15 Complete Online Investigations Into Defendants With ‘Incorrect’ Opinions
21:31 Prosecutions For Pasting Images Critical Of Nazis On Social Media - But Only For Conservatives Or Afd Members
21:54 Germany’s Deeps State And What Schmitz Likes About Trump
22:07 Germany’s Deep State Is Deeper Than America’s Deep State
22:33 In Germany The Entire Internet Is Surveilled By The State
23:03 “Incitement” and Hate Speech Are Prosecuted, Even Though They Are Not Criminally Prosecutable According To The Law
23:23 Hate Speech Crime Does Not Exist In German Law
23:45 Free Speech Is Suppressed in Germany By Making It Unaffordable
24:50 What Constitutes An Insult?
25:30 It’s Unclear To Citizens What Courts Will Regard As an Insult And What Not
25:58 Hollowing Out The Law By Not Enforcing It - As Happened in the Third Reich As Well
26:56 NGOs In Germany: “Fascist Front Organizations”
27:36 ‘Opinion SA’ Financed By The German State
27:43 How Much Money Flows From USAID To German NGOs
27:54 How The German State Funnels Money Into NGOs
28:11 Bribing The German Media Through Advertisements
28:28 Financial Control Of The State Over German Media
30:00 The German State Depends on Systematic Concealment Of Its Financial Control Over Media
31:12 How State Subsidies Impede Freedom Of Speech In Private Media
RESOURCES
https://www.alexander-wallasch.de/
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