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K E Winkler's avatar

A noteworthy element of this case is its meta level. There is an argument here that the state tries to silence critique of the government by (ab)using the penal code. By doing so the state would actually confirm that the critique is correct (ideological conformity). I don't see how the state can "win" this case from an ethical standpoint.

The exemption does not only relate to art. It reads:

"Paragraphs 1 and 2 shall not apply if the act serves civic education, defence against unconstitutional endeavours, art or science, research or teaching, reporting on current events or history or similar purposes."

So it pretty much depends on the entire context of the use of the symbol. There is no offence if the use of the symbol is not meant and cannot be mistaken to mean supporting an unconstitutional organisation, but clearly expresses opposition to that organisation.

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Richard's avatar

Nice T4 btw 👌

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