Resistance

GERMAR RUDOLF, RESISTANCE IS OBLIGATORYto thwart the teaching of this theory in schools. They have been partlysuccessful with this in some states within the U.S.Hence, if the principle were elevated to a universal law that all thosescientific theories had to be outlawed by which some individuals feeloffended and attacked in their human dignity, then one would sacrificescience to the caprice of the respective mood of the masses, the zeitgeist,or those in power. Little would be left which would not be threatenedto fall victim to the censors somewhere and at some point in time.A conflict between freedom of science and other civil rights is thereforepossible only due to the means and methods used to gather evidence,that is to say: on the path from the question (hypothesis) to theanswer (thesis), for instance by using research methods at the expenseof humans – in the most extreme for instance by conducting experimentswith humans – animals or the environment. Posing questions andgiving answers, however, must never be restricted. The results of researchare never in conflict with other civil rights!I think the German legislators have also recognized that there cannotbe a conflict between the publication of scientific research results andhuman dignity, because the last paragraph of the law relevant for thistrial, article 130 German Penal Code, refers to a clause of article 86a ofthe German Penal Code, according to which such cases are exemptedfrom prosecution where media are affected that serve science. There canbe no doubt that scientific works serve science and that their distributiontherefore has to be legal even according to the reigning legal situation.The only open question is therefore whether my writings for whichI have been indicted are scientific or not or at least whether they servescience. In my eyes this offers the Court a golden bridge to come to ajust verdict in spite of the dubitable legal situation. Hence, if this clauseis more than a cosmetic fig leaf for the deception of the public, then itshould be applied here according to my opinion.Next I turn to the right to free speech as guaranteed by article 5, paragraph1, of the German Basic Law, even though it is immediately restrictedby a list of exceptions in the law’s second paragraph. CarloSchmid has summarized succinctly what I think about this clause restrictingthis civil right by general laws: This basically renders the rightto free speech worthless. In my view such a restricting clause is evenunnecessary, as article 19, paragraph 2, mandates that a balance has tobe found in case of a conflict with other civil rights.124