In connection with the conviction of a man at 1750 euro fine, had a T-shirt bearing the words "the flag high" worn, the local court reasoned aloud FAZ 26.6.09 "a conviction for employing of characteristics of an unconstitutional organization with the similarity of the lettering to title and opening line of the 'Horst Wessel Song', the party anthem of the NSDAP ("The flag high"). The complainant (the Federal Constitutional Court -...'s Note author) had alleged that the scope of the penal provision is not sufficiently recognized. The 2nd Chamber of the Second Senate was, however, that the case-law to the confusion with the original must be possible to justify the criminality for an average person could not be criticized. It should be 'any semblance' prevent anti-constitutional activities would be tolerated, it said (Reference 2 BvR 2202 / o8). "
I do not have now taken the trouble to browse millions of Google search results for "Flag Up" or "Flags Up" or "La Bandera Arriba" or "Las Banderas Arriba", let alone the rest of the world's languages in similar combinations, and I also had to search no more desire, to which command the armed forces, the flag hoisting, countless clubs or the EU ...
I do not want to say much else, because if for one "average person" (who can be always ...) confusion (!) Only possible with the original (!) must be to add enough for a criminal conviction, this would argue for or against better themselves.
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Tags: Constitutional Court
