By Rainer Zitelmann
Saturday, July 25, 2026
Is free speech under threat in Germany? Most
conservatives, center-right supporters, classical liberals, and libertarians in
the country believe that it is. After facing criminal accusations for violating
Germany’s laws limiting free speech myself, I can tell you firsthand that
Germany’s free-speech problem is real — and it’s a warning to anyone who cares
about the right of free expression.
For many years, those on the political left vehemently
denied that Germany had a free-speech problem. Their standard argument was:
“You can say whatever you want — you just have to expect others to disagree
with you.” Yet for years, opinion polls have shown that many Germans no longer
feel free to express their views on certain issues without fear. According to a
2025 Allensbach survey, only 46 percent of Germans believe they
can freely express their political opinions, while 44 percent say it is better
to be cautious about speaking openly.
The terms “cancel culture” and “political correctness”
have become widely used not only in the United States but also in Germany. Over
time, however, these concepts have lost much of their impact. When people not
on the left are routinely labeled “Nazis” or “fascists,” such accusations
eventually lose their effectiveness. And as those terms lose that power, the
next stage in spreading fear and intimidating dissenters has been the
increasingly open use of police and the justice system. This is a sign of weakness,
reflecting an inability to prevail through argument.
The growing restrictions on free speech are now
acknowledged even by critical left-wing journalists and legal scholars. Ronen
Steinke, a senior political editor at the center-left newspaper Süddeutsche
Zeitung, recently authored a book on the subject, in which he writes:
“Germany has always been the Western country with the greatest number of speech
taboos and the strictest criminal laws governing mere words.”
According to Steinke, between 2015 and 2025, Germany took
action to crack down on political speech: “Parliament expanded and multiplied
criminal provisions. The offense of incitement to hatred has been broadened in
several respects, and the offense of publicly approving criminal acts has been
extended to such a degree that people can now be punished for endorsing acts
that exist only in the imagination.”
In addition, Steinke argues, many public prosecutors have
made the fight against so-called hate speech a top priority, creating new and
powerful investigative units. His conclusion is unequivocal: “Never before have
there been so many criminal investigations in Germany over mere words.” For
some offenses, according to Steinke, the number of investigations has increased
tenfold, and in extreme cases even a hundredfold.
In one widely publicized case, police arrived at a retiree’s home
at 6 a.m. to carry out a house search after he had shared on X an image
referring to the then–federal minister for economic affairs, Robert Habeck, as
“Schwachkopf” (idiot).
Another retiree came under criminal investigation after
calling Chancellor Friedrich Merz “Pinocchio” on Facebook. That case was later dropped.
Such investigations are possible in part because of
Section 188 of the German Criminal Code, which grants politicians special
legal protection. The number of criminal investigations for insulting
politicians has doubled every year since 2021, rising from 748 to 4,439 in
2024, Steinke writes.
Well-known classical liberal and conservative journalists
have also been reported anonymously to the police through so-called reporting
centers.
Complaints have repeatedly relied on Section 86a of the
German Criminal Code, which prohibits the use of symbols of unconstitutional
organizations and provides for penalties of up to three years in prison.
At the beginning of February 2026, I too received a
letter from the police. For the first time in my life, I was accused of
committing a criminal offense. Someone had filed a complaint against me through
one of these reporting centers simplybecause I had reposted an image on X that showed a historical photograph of Adolf
Hitler on the left and a contemporary photograph of Vladimir Putin on the
right. A speech bubble attributed the words, “Give me Czechoslovakia and I
won’t attack anyone else,” to Hitler, while Putin was shown saying, “Give me
Ukraine and I won’t attack anyone else.”
I have never been particularly fond of Hitler analogies.
Perhaps that is because I spent ten years of my life studying the subject and
earned my doctorate with a dissertation on Hitler. From that scholarly perspective,
I see how many such comparisons are historically inaccurate. They often serve
more to shut down debate than to illuminate it.
Yet since the beginning of the war in Ukraine, I have
been struck by clear parallels between the arguments advanced by Adolf Hitler
and Vladimir Putin, as well as similarities in the West’s responses to both
dictators. During the Sudeten Crisis of 1938, Hitler repeatedly claimed that
the Sudetenland was his final territorial demand in Europe. Shortly afterward,
the Munich Agreement forced Czechoslovakia to cede the Sudetenland. As is well
known, Hitler did not stop there. Only a few months later, he occupied the
remaining territories of what had been Czechoslovakia.
Numerous media outlets in Germany and abroad reported on my case, and I received a great deal of solidarity. As
an entrepreneur who has become financially successful, I was also able to
afford the approximately $7,000 required to hire an excellent lawyer. Many
others cannot. Two months later, my case was dropped.
But even though that legal threat is in the past, the
erosion of free speech continues to deeply concern me. I have increasingly come
to the conclusion that the danger posed by allowing the state to decide what
people may or may not say is far greater than any danger that could arise from
the dissemination of even the most absurd opinions.
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