German high court rules comparing Israel to Nazi Germany is protected speech

A German appeals court ruled that comparing Israel to Nazi Germany is protected speech, acquitting a woman convicted for such online posts. The Higher Regional Court of Zweibrücken overturned her conviction, stating the symbols were used for sharp criticism of Israel while clearly distancing from Nazi wrongdoing. The court also ruled that incitement to hatred was not established, as German law does not automatically prohibit every Holocaust comparison.

A German appeals court has ruled that comparing Israel to Nazi Germany is protected under freedom of expression, acquitting a woman who had been convicted for such comparisons online. The Higher Regional Court (OLG) of Zweibrücken overturned the conviction of the woman, who had posted on her Instagram story a table comparing the actions of the State of Israel with those of the Nazi regime, accompanied by an image showing the Israeli flag alongside the Nazi flag with a partially visible swastika. She also shared another post depicting a wall bearing a Star of David with a swastika inside it, with hashtags #FREEPALESTINE and #GAZAUNDERATTACK. The Ludwigshafen District Court had previously convicted her on two counts of using symbols of unconstitutional organizations and fined her a total of €2,400. On appeal, the court ruled that the offense was not fulfilled because the symbols were used to express sharp criticism of Israel's methods while clearly distancing from Nazi wrongdoing. The court also ruled that the offense of incitement to hatred was not established, stressing that German law does not automatically prohibit every comparison with the Holocaust, and that harsh criticism of another state does not by itself meet the threshold. The case was considered ready for final judgment, and the defendant was acquitted of all charges.