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The huge irony of Strafgesetzbuch section 86a

The German Strafgesetzbuch (Criminal Code) section 86a outlaws the "use of symbols of unconstitutional organizations". This includes all kinds of Nazi, Communist and Islamist symbols such as flags, icons and even songs (not just the words of the song, but the melody itself.)

The idea of banning symbols of "unconstitutional organizations" is a huge oxymoron, just like "free speech zone" (which is oxymoronic because it restricts "free" speech into tight boundaries) or "private government property" (by definition government property is not private property in a democratic country).

One of the core principles of a Constitution is that it protects the right to political opinions and criticism, even (and especially) when those opinions and criticism are targeted against the political system and even the Constitution itself. One of the most fundamental principles of a Constitution, and constitutional ideals, is that it protects the right to critique the Constitution itself.

Banning "symbols of unconstitutional organizations" goes blatantly against the fundamental core idea of a Constitution in the first place. It's a completely oxymoronic idea.

It may be a bit ironic that a Constitution protects unconstitutional, even anti-constitutional, ideas and opinions, but that's the very essence of constitutionalism. "Your opinions may be in blatant and egregious opposition to this document, but this document protects your right to express them freely and without punishment." That's the very nature of the document. A document that aims at protecting people's rights and freedoms banning its own criticism would be contradictory and hypocritical.

The right to express political opinions, no matter how egregiously they clash with the Constitution, is not limited to just words, but also covers images, symbols, music, gestures, and all other forms of symbolic expression.

That section 86a of the German criminal code blatantly breaks one of the fundamental principles of a Constitution, and it's especially hypocritical for it to be designated as banning symbols of "unconstitutional" organizations.

Germany is not a constitutional country.

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