Site icon JONATHAN TURLEY

American Tourist Arrested For Giving Nazi Salute In Berlin

Coat_of_arms_of_Germany.svgWe recently discussed the arrest of two Chinese tourists for taking pictures of giving the Nazi salute in Berlin.  Now, an American has been arrested for giving the salute in Dresden — after a passerby punched him.  The arrests highlight the failed effort of Germans to criminalize certain forms of speech to deter neo-Nazis.

The tourist was reportedly drunk and gave the salute multiple times.  The 41-year-old was slightly injured when he was punched by a bystander.

As discussed earlier,  I have long been a critic of the German laws prohibiting certain symbols and phrases, I view it as not just a violation of free speech but a futile effort to stamp out extremism by barring certain symbols. Instead, extremists have rallied around an underground culture and embraced symbols that closely resemble those banned by the government. I fail to see how arresting a man for a Hitler ringtone is achieving a meaningful level of deterrence, even if you ignore the free speech implications.

Arresting tourists for giving salutes is not only a curtailment of speech but a useless exercise given the burgeoning population of neo-Nazis in the country.  The neo-Nazis routinely make a mockery of the limitations by making slight changes in their speech to evade the laws.  The real impact is to make these extremists into self-described victims and to make a mockery of Western principles of free speech. The solution to hate speech is counter-speech not the criminalization of speech.

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