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

GERMAR RUDOLF, RESISTANCE IS OBLIGATORY
17th Thesis
The protection of the historical truth by penal law harbors the
danger to withdraw sections of history from an essential societal
discussion.
18th Thesis
In spite of its neutral wording, section 130 III of the German Penal
Code concedes a problematic special protection to the Jewish
part of the population by way of a ‘privilegium odiosum.’ There is a
danger that, in the eyes of the populace, one group is more protected
than the majority, which reinforces the consciousness of alienness
toward the protected group. […]
22nd Thesis
The application of the offense of incitement of the masses to defense
attorneys showing so-called ‘behavior alien to a legal defense’
restricts the free advocacy and the right of the defendant to an effectual
defense in an unacceptable way. A restriction of behavior without
any connection to a legal defense is therefore preferred.”
Hence Körber lobbies the complete abrogation of article 130 of the
German Penal Code, and he also recognizes that the “special protection”
for Jews can backfire on them, which needs to be prevented.
It is by the way striking that neither Wandres nor Körber do even
raise the question, let alone address it, whether those paragraphs of article
130 of the German Penal Code, which prohibit only certain opinions
about only one single topic and which are therefore special laws, can be
constitutional in the first place. This question has been addressed only
by a few authors in law journals – and they did of course answer it in
the negative. 159
What is certain is the fact that my writings and those which I have
published have no content which, if considered objectively, “incite to
hatred,” “disparage, insult,” etc., and which also cannot be considered
to “disturb the peace.” That the prosecution uses such terms – against
better knowledge – merely demonstrates what they really have in mind:
to scandalize, to taboo, and to ostracize me by way of untrue affirmations.
159 Cf. e.g. Stefan Huster, Neue Juristische Wochenschrift, 1995, pp. 487-489.
141