Free speech crackdown: Expect more house raids as Germany’s left moves to supercharge law on ‘insulting’ politicians

The ruling far-left SPD party wants to make it much easier for police to raid and prosecute Germans who "insult" politicians

By Remix News Staff
7 Min Read

Following a wave of house raids and arrests against those who “insult” politicians in the German government, the ruling far-left Social Democrats (SPD) are doubling down and moving to make it even easier to target speech violations and insults while also increasing punishments — despite growing criticism.

Lower Saxony’s Justice Minister Kathrin Wahlmann (SPD) has submitted a proposed resolution to the Conference of Justice Ministers of the German states to allow prosecutors more extensive options to prosecute “insults to politicians,” as reported by German newspaper Welt.

The new proposal would drop the threshold required to prosecute individuals who “insult” politicians. Currently, the act indicates that insults that “significantly impede” the politician’s “public work” can be charged. However, the new proposal would delete this section, which would then allow for prosecutors to more easily pursue a variety of offenses that do not necessarily “significantly” impede a politician’s work.

Lower Saxony’s Justice Minister Wahlmann (SPD) said she found it “unbearable” to see “the disgusting hate comments” that politicians are exposed to, which is why she is launching this proposal.

“Anyone who is particularly committed to the community should also benefit from the community’s special protection,” she said, adding that current rules had “proven to be insufficiently effective.”

Currently, the maximum prison sentence is three years in prison for “insulting” a politician, but this could increase further. The new proposal would also allow authorities to more easily pursue cases in instances where no report or complaint has been filed.

It must be underlined that these cases are being weaponized against the German populace at a tremendous rate. For example, police recently raided a retired soldier’s house for calling Economic Miniister Robert Habeck, of the Green Party, an “idiot” in a meme posted to X. Foreign Minister Annalena Baerbock, also of the Green Party, won her criminal case against a woman who called her the “worst foreign minster ever.” In the case of CDU leader Friedrich Merz, a woman is being prosecuted for calling him a “drunkard.”

It is unclear how these cases “significantly hindered” the public lives of these two major politicians, but a wave of such cases have been launched in recent years, primarily by left-wing parties. In fact, Habeck has filed criminal charges against 805 people, while Foreign Minister Annalena Baerbock has launched 513 criminal complaints.

Merz himself has also launched such cases, but he is not disclosing how many. However, the specific law, which is section 188 of the German criminal code, was passed by Merz’s party, the Christian Democrats (CDU), under the leadership of former Chancellor Angela Merkel. With this law in hand, thousands of criminal cases have been launched against citizens for speech “insults.”

Augsburg constitutional lawyer Josef Franz Lindner is critical of the new law proposal, telling Welt: “If the element of significantly hindering public activity were removed from Section 188 of the Criminal Code, it would actually be easier for public prosecutors to investigate an insult to a politician ex officio and come to a conviction… However, I see problems with the principle of proportionality and, above all, with the principle of equal treatment.”

He notes that the law is designed to protect the “public work” of politicians, but “if the element of public work were removed, however, this reason for the unequal treatment of politicians and other people would no longer apply. The argument would then be that the honor of politicians is worth more than that of normal citizens. I see this as a violation of the Basic Law (the German constitution).”

The move to make this speech law even harsher comes at a time when a prominent Green Party MP Renate Künast calls critics of such “insult” arrests supporters of the extreme right, saying “anyone who criticizes this is supporting right-wing extremism.”

Notably, she is currently spearheading an effort to ban the rival Alternative for Germany (AfD) entirely from the democratic process.

These “insult” cases also do not only apply to politicians, but even judges as well, as seen in one case where a German man criticized a judge’s sentence for a Syrian man who was convicted of raping a 15-year-old girl. The man who “insulted” the judge in an email ended up being fined at a higher rate than the Syrian rapist in the case, who was given no prison time — only probation.

Notably, these house raids and prosecutions are having the desired effect: a population terrified of criticizing the government.

As Remix News reported earlier today, freedom of expression in Germany is being increasingly constrained, with 74 percent of citizens believing people are holding back their opinions out of fear of repercussions, according to a new survey by Insa.

This growing trend is illustrated by recent high-profile cases, such as individuals facing criminal convictions for insulting politicians on social media and even pensioners receiving police visits over internet memes.

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