Am Fri, 21 Nov 2008 12:40:37 -0500 schrieb Warp:

>> It's rational. Not what I'd think is a good idea, but rational.
> 
>   Yeah, I see how history books advocate nazism and thus should be
>   banned.
> Very rational.

They are not actually. Symbols of organisations which work against the 
constitution (and particular against freedom and democracy) are banned 
(And it has to be determined by the highest court in germany, that an 
organization is working against the constitution). However there are 
exceptions to that ban, namely §86 StGB

(3) Absatz 1 gilt nicht, wenn das Propagandamittel oder die Handlung der 
staatsbürgerlichen Aufklärung, der Abwehr verfassungswidriger 
Bestrebungen, der Kunst oder der Wissenschaft, der Forschung oder der 
Lehre, der Berichterstattung über Vorgänge des Zeitgeschehens oder der 
Geschichte oder ähnlichen Zwecken dient.

which translates to

(3) Section 1 is not valid, if the propaganda or the action is used to 
educate citizens, to defend against unconstitutional tendencies, is used 
for the art or the science, the research or the teaching, the reporting 
over processes of the events of the day or similar purposes.

History books clearly don't fall under this, if there is not a different 
problem with the book, or the judge didn't follow the law (which would a 
scandal on its own). Do you remember which case you are refering to? 
Maybe I could figure out, what was the real reasoning in that case.

Post a reply to this message