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German appeals court acquits Instagram user who compared Israel’s actions to Nazi regime

the file photo shows Zweibrücken Castle, seat of the Palatine Higher Regional Court.

A German appeals court has acquitted an Instagram user who compared Israel’s actions to the methods of the Nazi regime, ruling that her posts were protected by freedom of expression and did not constitute a criminal offense.

On Sunday, the Higher Regional Court in Zweibrücken overturned an earlier conviction against the woman, who had been fined €2,400 ($2,768) by a lower court in Ludwigshafen for using symbols associated with unconstitutional organizations, according to a report published this week by German legal website Beck Online.

The case centered on several Instagram posts in which the woman compared the actions of the Israeli regime in West Asia to those of Nazi Germany. The posts included images featuring the Israeli flag alongside the Nazi Party flag, as well as the Nazi swastika.

In one post, she shared a table comparing the actions of Nazi Germany with those attributed to Israel in the region’s conflicts. Another depicted a wall bearing a Star of David with a Nazi swastika at its center, showing soldiers firing into a walled-off area, accompanied by the hashtags #FreePalestine and #GazaUnderAttack.

In its ruling, the court said Germany’s criminal ban on the use of symbols of unconstitutional organizations does not apply when such symbols are used as part of sharp political criticism and clearly express rejection of Nazi-era crimes rather than support for them.

The judges cautioned against interpreting the relevant criminal provision too broadly, emphasizing that restrictions on the use of Nazi symbols must be balanced against the constitutional right to freedom of expression.

According to the court, the woman’s posts were intended to criticize the methods of Israel while clearly distancing themselves from the ideology and crimes of the Nazi regime. As a result, the court found that the legal requirements for a criminal conviction had not been met.

The ruling overturns the earlier decision by the Ludwigshafen court and is likely to attract attention in Germany, where laws governing the display of Nazi symbols are among the strictest in Europe. Although such symbols are generally prohibited under German law, exceptions exist when they are used in contexts such as education, art, historical documentation or political expression that clearly reject or condemn National ideology.


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