Overview

• Prosecutors in Flensburg formally ended investigations into four individuals involved in a viral Sylt bar incident from Pentecost 2024, ruling the chant as protected under Article 5 of the German Basic Law.
• The chant, 'Deutschland den Deutschen, Ausländer raus,' set to a dance tune, was determined not to meet the legal threshold for hate speech under Article 130 of the German Penal Code.
• One participant was fined €2,500 for performing a Hitler salute and simulating a Hitler moustache, actions deemed punishable under Article 86a StGB, which prohibits unconstitutional symbols.
• The individual who uploaded the widely circulated video of the event faced no legal consequences, with prosecutors citing insufficient grounds for punishment.
• The ruling aligns with previous legal decisions, including a 2024 Oldenburg court case, which upheld the constitutional protection of extreme opinions but penalized explicit Nazi symbols.