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

GERMAR RUDOLF, RESISTANCE IS OBLIGATORY
real conflict is most frequently between citizen and government when
dealing with problems of civil rights: 152
“Seen from their historical development, the function of civil
rights is at first that they are a defense right of the citizen against the
deployment of governmental power (BVerfG 1, 104). According to
jurisdiction, this is also their primary and central dimension of efficacy
today (BVerfG 50, 337).”
There can be no doubt that article 130 of the German Penal Code as
a special law aiming at certain opinions is in violation of the principle
of general laws and is therefore unconstitutional. And although this is
self-evident, both the German Supreme Court and the Constitutional
High Court ignore this fact in all their decisions in matters as the current
one and act and sentence against all their other fundamental verdicts in
all other cases about free speech. They even exacerbate the already unconstitutional
legal situation by further eroding the civil right, especially
by preventing an effective defense by means of enforcing the misuse
of the rule of self-evidence and by prosecuting defense lawyers.
In my view one of the causes for this behavior especially of the Constitutional
High Court is that the judges of this court are appointed
based on a political horse-trading between the dominating political parties
in Germany, where political party affiliation and party loyalty is at
times more important than judicial competence. A classic example for
this was the appointment of Jutta Limbach – as quota Social-Democrat
– to the Presidency of the Constitutional High Court, although she had
almost no professional experience in law. That led to unmistakable criticism
even in legal journals. Considering such circumstances, one has to
ask in what sense we can still speak of a separation of powers in Germany.
Hence, the question about the right to resist according to article 20,
paragraph 4, of the German Basic Law imposes itself once more, about
which I will say more later on.
3. Protection of the Youth
As a third legal restriction of free speech in Germany I will now discuss
the Law for the Protection of the Youth, which I am said to have
violated as well.
152 K.-H. Seifert, D. Hömig, op.cit. (note. 148), pp. 28f.
129