Resistance

GERMAR RUDOLF, RESISTANCE IS OBLIGATORYvolts, or other acts of violence or arbitrariness, or at least the approvalof such acts. 156The dangerous arbitrariness of the terms used against dissidents byGerman courts of law has also been emphasized by Dr. Thomas Wandresin his dissertation The Punishability of Auschwitz-Lying, which haseven been quoted by the German Federal Supreme Court as a source oflaw – although only such passages permitting a conviction. 157Wandres opines by the way that the books authored and publishedby me have to enjoy the protection of the freedom of science as guaranteedby the German Basic Law. Florian Körber came to a similar resultin his 2003 dissertation Rightwing-Radical Propaganda on the Internet– the Töben case. 158 I like to quote several theses from this PhD dissertation:“7th ThesisDue to being undefined, ‘public peace’ as an element of the offenceis unsuited to constrain article 130, paragraph 1, III of theGerman Penal Code, the more so as merely the capability to endangerthe public peace is a prerequisite for the offense. […]15th ThesisThe offense of incitement of the masses is not absolutely necessary,as offenses like incitement, psychological abetment, or publicinstigation to commit offenses sufficiently regulate this complex ofproblems.16th ThesisThe offense of incitement of the masses not only restricts politicaldiscussions 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 realenemy of free speech. The only rule needed for governing free speech is: Anything should belegitimate 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 violationof others’ human rights are included. That is to say that no one should even be punishedfor advocating a peaceful revolution or secession, since I think everybody has the right to callfor them. 9 Nov. 2010.157 Case against Paul Latussek, ref. 2 StR 365/04, 22 Dec. 2004, Neue Juristische Wochenschrift10/2005, 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