ABSTRACT

The city based its decision inter alia on the danger that punishable acts of glorification of National Socialism would occur. From the perspective of modern German historiography, it is to be deplored that government and parliament severely limited themselves in combating neo-Nazi activities. Turning to the question of the constitutionality of Sect. 130 para. 4, this is mostly a question of its compatibility with the freedom of speech as protected by Art. 5 of the Basic Law, the German Constitution. By contrast, Sect. 130 para. 4 aims mainly at prohibiting certain symbolically important demonstrations of the German and European National Socialist movements. Accordingly, a neo-Nazi demonstration may be prohibited where there is a danger that the crime of glorification of National Socialism will be committed by way of speeches, chants, leaflets and banners. Of course, anti-fascist activists at the time would not have had any concerns had Germany enacted an anti-National Socialist provision such as that in force in Austria.