A top Western democracy is failing the free speech test over Gaza
By: Rachel Marsden
BERLIN — Protesters seeking to draw attention to the plight of Palestinian 
civilians caught in the crossfire, as Israel continues to hammer Gaza under the 
pretext of targeting Hamas, gathered around the world for a day of action, 
including here in Germany where free speech appears to be a highly relative 
concept.
What’s particularly striking is the number of protesters, gathering by the 
hundreds for an hours-long march around the city center, who recount door-knock 
visits from authorities, either in the wake of their participation in one of the 
regular protests taking place around Germany, or after posting on social media. 
One young woman, a longtime human rights activist, said that she had lost count 
of the number of times she’s been arrested, and that she was charged with 
incitement for employing terms to qualify the actions of the Israeli government 
toward Palestinian civilians that are considered problematic within the context 
of Germany’s own dark history.
According to Section 130 of the country’s criminal code, it’s illegal to 
“insult, malign, or defame” a “national, racial, or religious group.” How, then, 
is someone supposed to voice opposition to a country’s foreign policy — 
particularly when the provision has become used to prosecute anything qualified 
as “antisemitism” in Germany’s endless efforts to atone for the atrocities of 
WWII- era Nazis?
Protesters mostly just wonder why Gaza civilians, undergoing what many of them 
qualify as “genocide”, should just be ignored in Germany to accommodate the fact 
that the country’s history has shaped its laws in such a way that criticism of 
the government bombing and shelling Gaza is a challenge.
Another protester, a young man in his 20s, said that he was visited by police at 
home as the result of a post made on social media challenging Berlin’s hoisting 
of the Israeli flag at city hall.
The polizei presence at the Jan. 13 rally itself even had a Gaza-style 
containment vibe (minus the violence), thanks to the cops. It was hard not to 
feel that one was doing something wrong just by being there. Within just a few 
minutes of the TV press arriving to document the event, an officer stormed over 
to even “profile” the media covering it.
Jewish peace activists who oppose the Israeli government’s handling of the 
situation in the wake of Hamas’ Oct. 7, 2023, attack on an Israeli music 
festival adjacent to Gaza, also came out in solidarity to these events, 
underscoring that criticism of Israel’s policies isn’t synonymous with hatred of 
its citizens.
Most would consider Germany to be a modern democracy, complete with basic rights 
to free speech and self-expression, yet last October, Berlin banned almost all 
pro-Palestinian protests, with a reported 1,000 police deployed to target any 
signage or speeches considered “antisemitic.” In one example, they took away a 
sign referring to Israel as a “terrorist state.” They also confiscated one 
calling German Chancellor Olaf Scholz and Israeli Prime Minister Benjamin 
Netanyahu “deadly assassins,” according to Al Jazeera.
The schizophrenia is also reflected by the highest echelons of German 
government. In the wake of Hamas’ attacks, German Chancellor Olaf Scholz said, 
“Our own history, our responsibility arising from the Holocaust, makes it a 
perpetual task for us to stand up for the security of the state of Israel.”
But then just two months later, he was changing his tune, writing on social 
media that “Israel must do everything possible to better protect the civilian 
population of Gaza,” while also selling €323 million worth of weapons to Israel 
— 10 times more last year than in 2022, including tank engines, combat drones, 
and submarines, according to the German press agency, DPA.
So much for the government’s previous policy of not sending weapons to active 
conflict zones. And it now appears to be on a bender, authorizing the sale of 
missiles and fighter jets to Saudi Arabia, with which Germany had previously 
taken issue over the Kingdom’s human rights record in Yemen and its treatment of 
journalists like Washington Post columnist and dissident, Jamal Khashoggi, who 
was murdered in 2018 at the Saudi consulate in Istanbul.
Why the change of policy?
“Saudi Arabia has taken on a constructive position (with) regards to Israel,” 
the German foreign ministry said.
Meanwhile, the German press has been rife with reports of “Hamas fundraisers” 
being rounded up by German authorities, with Der Spiegel reporting that “Germany 
was possibly to become a theater of operations – a base from which to attack 
Jews in the middle of Europe.”
Strange how that didn’t seem to be much of a concern when the country was 
importing Middle Eastern migrants en masse as Germany’s Western allies were busy 
leveling the place. Surely it’s just a coincidence that now that a considerable 
segment of German society is demanding more balance and fairness in favor of 
Palestinians in demanding that Berlin change its approach to the Israel-Gaza 
conflict to align with its own stated human rights and democratic values, Hamas 
suddenly becomes a problem for Germany and a pretext for cops to go busting down 
doors in the interests of national security.
COPYRIGHT 2024 RACHEL MARSDEN