Militant democracy or creeping illiberalism? Germany’s free speech dilemma.
Excerpted from The Future of Free Speech: Reversing the Global Decline of Democracy’s Most Essential Freedom by Jacob Mchangama and Jeff Kosseff. Copyright 2026. Published with permission of Johns Hopkins University Press. Due to its Nazi past, Germany’s post–World War II militant democracy has been unusually aggressive in banning hatred and extremism. Early postwar laws prohibited Nazi symbols, propaganda, and organizations. A turning point came in 1960 with the “swastika epidemic” — a surge of anti-Semitic graffiti and attacks on synagogues. In response, the German parliament made it illegal to incite hatred or insult “segments of the population” in ways that might disturb public peace. The epidemic was later revealed to be a KGB “active measures” campaign. Despite this, Germany has continually expanded its hate-speech laws to cover areas such as incitement, Holocaust denial, and the distribution of propaganda and symbols of unconstitutional organizations. Even criminal defamation laws can function as hate-speech provisions under this broad framework. While Germany’s speech laws were intended to protect minorities and democracy, they now frequently shield governments from criticism. Alarmingly, …






