Resistance

GERMAR RUDOLF, RESISTANCE IS OBLIGATORYAppendix 4: Unconstitutional Historical DictateGünter Bertram:The State under the Rule of Law and its Amendment of theLaw on Inciting the Masses *The Bundestag [German parliament] has tightened article 130German Penal Code, which punishes “inciting of the masses” inaccelerated proceedings in order to account for the current needs.Already in 1994 during the revision of this [penal] article it has remainedunclear and controversial, which legally recognized interestthe legislature wanted to protect within which limits against whatkind of assault; the current amendment increases the doubts. Article130 German Penal Code contains anomalous exceptional penallaw and is thus and insofar in contradiction with constitutional lawand freedom of expression. The legislators have to finally make uptheir minds and change direction here and – more than 60 yearsafter the end of the “Third Reich” – have to leave a far advancedGerman Sonderweg in order to return to normal standards of theliberal state under the rule of law.I. IntroductionAn association test about the keyword “inciting the masses” wouldpresumably conjure up a confusing plethora of names onto the paper;and the test would substantially reveal the widespread opinion that anumber or precarious topics are better left unmentioned in public or thatone 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 betterthan its reputation does not change the fact that several of its elementsencourage the custom of using it as a bludgeon during politicaldisputes.II. The AmendmentArticle 130 German Penal Code obtained another (fourth) paragraphwith the Act of 24 March 2005, 1 which reads:*Günter Bertram, Neue Juristische Wochenschrift 2005, issue 21, pp. 1476-1478. In reaction toPoscher, NJW 2005, p. 1316. – The autor’s last position was Presiding Judge at the HamburgDistrict Court.305