Overview

• The Staatsanwaltschaft Flensburg has closed three of four investigations into racist chants during a 2024 Sylt club incident, citing insufficient legal grounds for hate-speech charges.
• The chants, including 'Ausländer raus' and 'Deutschland den Deutschen,' were deemed protected under Germany's constitutional free speech laws unless accompanied by threats or coercion.
• Only one individual, who performed a Hitler salute and mimicked a Hitler moustache, received a €2,500 charitable fine for using unconstitutional Nazi symbols.
• Legal experts, including Prof. Dr. Joachim Wieland, argue that the decision to drop the cases is problematic, urging courts to define the line between free expression and incitement to hatred.
• The Flensburg decision aligns with similar actions by prosecutors in other German jurisdictions, reflecting a consistent interpretation of a 2010 Federal Constitutional Court ruling on free speech.