German court rules comparing Israel to Nazi Germany constitutes 'protected speech'

A German court has acquitted a woman convicted of comparing Israel’s actions in Gaza with those of Nazi Germany, ruling that her posts constituted protected political expression.

The Zweibrucken Higher Regional Court overturned a €2,400 ($2,700) fine last week after it was imposed by a lower court over two Instagram posts published during the height of Israel’s genocide in Gaza.

One post contained a table comparing Israel’s conduct with the methods of the Nazi regime. It appeared beneath a divided image of the Israeli and Nazi flags, with part of a swastika visible.

Another depicted Israeli soldiers firing into an enclosed area as blood flowed beneath its walls. A swastika appeared inside a Star of David. The woman accompanied the posts with the hashtags #FREEPALESTINE and #GAZAUNDERATTACK.

The court ruled that the images expressed condemnation of Israel’s actions rather than support for Nazi ideology. It said freedom of expression protected the use of banned symbols when the context clearly conveyed criticism, parody or rejection of Nazism.

Judges found that the appeal "FREEPALESTINE" made the woman’s position clear and that neo-Nazi supporters would not interpret the post as promoting their ideology.

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The court also rejected the suggestion that comparing Israel’s conduct with Nazi Germany automatically trivialised the Holocaust or incited hatred. Sharp criticism of a state, it said, did not by itself cross that threshold.

It reached the same conclusion over the image combining a swastika with the Star of David. The scene of soldiers shooting defenceless people made its condemnatory purpose clear, while the hashtag "GAZAUNDERATTACK" established that it referred to Israel’s assault on Gaza.

The ruling does not prohibit criticism of such comparisons. It establishes, however, that Germany cannot automatically criminalise them when they form part of an unmistakable condemnation of Israeli violence.

The court acquitted the woman of all charges.