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

GERMAR RUDOLF, RESISTANCE IS OBLIGATORY
volts, or other acts of violence or arbitrariness, or at least the approval
of such acts. 156
The dangerous arbitrariness of the terms used against dissidents by
German courts of law has also been emphasized by Dr. Thomas Wandres
in his dissertation The Punishability of Auschwitz-Lying, which has
even been quoted by the German Federal Supreme Court as a source of
law – although only such passages permitting a conviction. 157
Wandres opines by the way that the books authored and published
by me have to enjoy the protection of the freedom of science as guaranteed
by the German Basic Law. Florian Körber came to a similar result
in his 2003 dissertation Rightwing-Radical Propaganda on the Internet
– the Töben case. 158 I like to quote several theses from this PhD dissertation:
“7th Thesis
Due to being undefined, ‘public peace’ as an element of the offence
is unsuited to constrain article 130, paragraph 1, III of the
German Penal Code, the more so as merely the capability to endanger
the public peace is a prerequisite for the offense. […]
15th Thesis
The offense of incitement of the masses is not absolutely necessary,
as offenses like incitement, psychological abetment, or public
instigation to commit offenses sufficiently regulate this complex of
problems.
16th Thesis
The offense of incitement of the masses not only restricts political
discussions in a risky way, but also the discussion about its legitimacy.
156 Recently I’ve actually come to realize that the concept of “public peace” as such is the real
enemy of free speech. The only rule needed for governing free speech is: Anything should be
legitimate unless it advocates, condones or justifies the violation of the civil rights of others.
That would automatically include all acts that really do threaten public peace, like calls for revolution,
insurrection, putsch, riots, pogroms, ethnic cleansings, etc., as long as calls for the violation
of others’ human rights are included. That is to say that no one should even be punished
for advocating a peaceful revolution or secession, since I think everybody has the right to call
for them. 9 Nov. 2010.
157 Case against Paul Latussek, ref. 2 StR 365/04, 22 Dec. 2004, Neue Juristische Wochenschrift
10/2005, pp. 689-682; re. Wandres: “Die Strafbarkeit des Auschwitz-Leugnens,” Duncker &
Humblot, Berlin 2000.
158 Rechtsradikale Propaganda im Internet – der Fall Töben, Logos Verlag, Berlin.
140