Germar Rudolf, Resistance Is Obligatory (2012; PDF-Datei

GERMAR RUDOLF, RESISTANCE IS OBLIGATORY
to thwart the teaching of this theory in schools. They have been partly
successful with this in some states within the U.S.
Hence, if the principle were elevated to a universal law that all those
scientific theories had to be outlawed by which some individuals feel
offended and attacked in their human dignity, then one would sacrifice
science to the caprice of the respective mood of the masses, the zeitgeist,
or those in power. Little would be left which would not be threatened
to fall victim to the censors somewhere and at some point in time.
A conflict between freedom of science and other civil rights is therefore
possible only due to the means and methods used to gather evidence,
that is to say: on the path from the question (hypothesis) to the
answer (thesis), for instance by using research methods at the expense
of humans – in the most extreme for instance by conducting experiments
with humans – animals or the environment. Posing questions and
giving answers, however, must never be restricted. The results of research
are never in conflict with other civil rights!
I think the German legislators have also recognized that there cannot
be a conflict between the publication of scientific research results and
human dignity, because the last paragraph of the law relevant for this
trial, article 130 German Penal Code, refers to a clause of article 86a of
the German Penal Code, according to which such cases are exempted
from prosecution where media are affected that serve science. There can
be no doubt that scientific works serve science and that their distribution
therefore has to be legal even according to the reigning legal situation.
The only open question is therefore whether my writings for which
I have been indicted are scientific or not or at least whether they serve
science. In my eyes this offers the Court a golden bridge to come to a
just verdict in spite of the dubitable legal situation. Hence, if this clause
is more than a cosmetic fig leaf for the deception of the public, then it
should be applied here according to my opinion.
Next I turn to the right to free speech as guaranteed by article 5, paragraph
1, of the German Basic Law, even though it is immediately restricted
by a list of exceptions in the law’s second paragraph. Carlo
Schmid has summarized succinctly what I think about this clause restricting
this civil right by general laws: This basically renders the right
to free speech worthless. In my view such a restricting clause is even
unnecessary, as article 19, paragraph 2, mandates that a balance has to
be found in case of a conflict with other civil rights.
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