Munich Green Politician Fined for Comparing Holocaust Trivialization to Incitement
verdict handed down against Green politician Schreyer, likening him to Jewish persecution in new comparison
Bernd Schreyer, co-founder of the Greens in Munich and Bavaria and former state chairman, has been fined 4,200 euros for a controversial tweet comparing the Greens to "the new Jews who 'have to be exterminated'". The Bavarian Supreme Court has upheld this conviction, which stems from a tweet made by Schreyer in June 2023 during a heated debate about the Building Energy Act.
The court's ruling was based on Section 130 of the German Criminal Code, which pertains to incitement of the people. This section outlaws "Volksverhetzung," commonly translated as incitement to hatred, which includes Holocaust denial and trivialization.
In Schreyer's tweet, he attempted to draw parallels between trivializing attitudes or speeches about the Holocaust and a form of denial or minimization, arguing that such acts should be punishable under German law. However, the court viewed this comparison as an impermissible trivialization of the Holocaust.
Andreas Franck, the antisemitism commissioner of the Bavarian judiciary, welcomed the court's decision, stating that the comparison was deemed inappropriate and capable of discrediting the dignity and reputation of Holocaust survivors and the murdered.
Schreyer's legal representative, Jerzy Montag, criticized the decision as "incomprehensible" and problematic under constitutional law. Montag referred to numerous documented cases where Greens were not served in inns, shops, or at events, including calls for murder. Montag announced a constitutional complaint on behalf of Schreyer.
The conviction resulted from Schreyer's warning of massive incitement against Green politics, which had escalated since 2021, including false claims about an alleged "heating ban" and calls for boycotts and violence. It is essential to note that the persecution and murder of European Jews were found to be unrelated to the alleged harassment claimed by Schreyer.
The World was the first medium to report on the proceedings concerning Schreyer's tweet. This case serves as an example of the fine line politicians and citizens must walk in Germany when discussing sensitive historical and legal issues tied to national memory and hate speech laws. It raises questions about how political speech referencing Section 130 should be handled—particularly when statements themselves may verge on legal boundaries.
The decision confirms the consistent pursuit of Holocaust comparisons in criminal law since the COVID-19 pandemic. The court's ruling highlights the importance of upholding the legal standards for Holocaust denial and trivialization in Germany, ensuring that such acts are not minimized or dismissed in public discourse.
- The fining of Bernd Schreyer for a controversial tweet drew attention to the political discourse, as it involved a comparison of trivializing speeches about the Holocaust to incitement, a topic covered under crime-and-justice and general-news.
- The ruling of the Bavarian Supreme Court on Schreyer's tweet falls under the category of war-and-conflicts, as it pertains to Section 130 of the German Criminal Code, which outlaws incitement to hatred and includes Holocaust denial and trivialization, which are subjects of significant historical and political importance.
