Free Hate Speech for All?

Free Hate Speech for All?

Thuringian AfD State Chairman Björn Höcke pushes for changes in the Criminal Code. Together with four party friends, he advocates for the abolition or significant restriction of the offenses of incitement of the people (Paragraph 130 of the StGB) and the use of identifying features of unconstitutional and terrorist organizations (Paragraph 86a of the StGB), as revealed by the application book for the AfD federal party convention, which “Die Welt” reported on.

In an amendment proposed by Höcke, it says: “The massive expansion of the application of political criminal offenses, such as incitement of the people, but also the use of identifying features of unconstitutional and terrorist organizations, now endangers not only the essential free discourse for a democracy but also the freedom of art and science. We are advocating for these criminal offenses to be abolished or their application to be limited to a few, well-known case groups.”

Höcke is requesting that these sentences be included in the AfD’s election program for the Bundestag election. Two more Thuringian state parliament members support the proposal. The program will be adopted at the party convention this weekend in Riesa.

In “Die Welt”, Höcke speaks of “gag paragraphs” and the “undermining of the constitutionally guaranteed freedom of opinion through the criminal code”. The “original intention” of the incitement of the people offense – “to prohibit violent calls against clearly defined population groups” – is “in order”. “However, we are concerned about the trend that the description of reality is becoming increasingly difficult, because any pointed criticism of the circumstances for which the establishment is responsible can quickly end up in court” Höcke said further.

A “special right” has emerged, which is “not in line with the democracy and the rule of law principle”. Höcke also mentions Paragraph 86, i.e., the dissemination of propaganda materials of unconstitutional and terrorist organizations, in this context.