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

GERMAR RUDOLF, RESISTANCE IS OBLIGATORY
Appendix 4: Unconstitutional Historical Dictate
Günter Bertram:
The State under the Rule of Law and its Amendment of the
Law on Inciting the Masses *
The Bundestag [German parliament] has tightened article 130
German Penal Code, which punishes “inciting of the masses” in
accelerated proceedings in order to account for the current needs.
Already in 1994 during the revision of this [penal] article it has remained
unclear and controversial, which legally recognized interest
the legislature wanted to protect within which limits against what
kind of assault; the current amendment increases the doubts. Article
130 German Penal Code contains anomalous exceptional penal
law and is thus and insofar in contradiction with constitutional law
and freedom of expression. The legislators have to finally make up
their minds and change direction here and – more than 60 years
after the end of the “Third Reich” – have to leave a far advanced
German Sonderweg in order to return to normal standards of the
liberal state under the rule of law.
I. Introduction
An association test about the keyword “inciting the masses” would
presumably conjure up a confusing plethora of names onto the paper;
and the test would substantially reveal the widespread opinion that a
number or precarious topics are better left unmentioned in public or that
one may talk about them only like a TV host under threat of being ostracized.
That this judgment is too superficial and that the article is better
than its reputation does not change the fact that several of its elements
encourage the custom of using it as a bludgeon during political
disputes.
II. The Amendment
Article 130 German Penal Code obtained another (fourth) paragraph
with the Act of 24 March 2005, 1 which reads:
* Günter Bertram, Neue Juristische Wochenschrift 2005, issue 21, pp. 1476-1478. In reaction to
Poscher, NJW 2005, p. 1316. – The autor’s last position was Presiding Judge at the Hamburg
District Court.
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