American Satirist Found Not Guilty in Germany for Posting Swastikas on Twitter

BERLIN—C.J. Hopkins, an American playwright, novelist, and political satirist living in Germany for over two decades, recently found himself on trial at the Berlin Tiergarten district court on Jan. 23.

He faced charges under Paragraph 86a of the German Criminal Code for violating the “Use of symbols of unconstitutional and terrorist organizations.” This was in relation to two tweets he posted in August 2022, featuring a swastika shining through a mask, created for the cover of his book “The Rise of the New Normal Reich,” a collection of essays criticizing and satirizing COVID-19 policies.

Mr. Hopkins was subsequently fined $3,902 (3,600 euros) or faced 60 days in prison without a trial, under a “penalty order” for “disseminating propaganda with the intention of furthering the aims of the former National Socialist organization (Nazis).”

Mr. Hopkins appealed, leading to the trial on Jan. 23.

‘Symbols of Ideological Conformity’

The tweets featured a picture of a mask with accompanying text.

The first tweet stated, “The masks are symbols of ideological conformity. That’s all they are. They always have been. Stop pretending they were ever anything else, or get used to wearing them.”

The other post included a quote from German Health Minister Karl Lauterbach: “The masks always send out a signal.”

The hashtag reads, “The masks are not a benign measure.”

Mr. Lauterbach shares responsibility for a large number of COVID-19 measures that have been enacted.

In court, the public prosecutor clarified that the accusation was not about comparing Nazism to the government’s COVID-19 measures but revolved around whether the use of this symbol immediately indicated opposition to the ideology of the national-socialist rule.

He believed the defendant’s statements that he was against Nazi ideology. However, the prosecutor maintained that the swastika was not necessary to express his criticism of the COVID-19 measures.

In his defense, Mr. Hopkins’s legal team argued that the tweets were advocating for the free democratic order. The legislation also did not prohibit the absolute use of the swastika.

Lawyer Friedemann Dablitz pointed out that Paragraph 86a allows exceptions for the use of unconstitutional symbols. These include “to avert unconstitutional aims” and “to promote art or science, research or teaching.”

Mr. Hopkins expressed outrage at being prosecuted by German law enforcement for his tweets.

He voiced his surprise at the protests against right-wing extremism and fascism last week in Germany, given the widespread unquestioning obedience to COVID-19 measures from 2020 to 2023.

Mr. Hopkins, who is married to a Jewish woman, mentioned that he has been opposing fascism, authoritarianism, and totalitarianism in his works for more than 30 years.

In his tweets and essays, he wanted to compare the rise of a new form of totalitarianism with German National Socialism.

Mr. Hopkins said that the prosecution was not about punishing people who actually disseminate pro-Nazi propaganda; instead, “it is about punishing dissent and making an example of dissidents in order to intimidate others into silence.”

‘We Are at a Crossroads Again’

Mr. Hopkins mentioned that he will continue to analyze and compare similarities and differences between both forms of totalitarianism and warn his readers.

“We are, once again, at a crossroads. Not just here in Germany, but throughout the West,” he said.

He expressed hope that one path leads back to the rule of law, to democracy, while the other leads to authoritarianism, “where authorities rule by decree, and force, and twist the law into anything they want, and dictate what is and isn’t reality, and abuse their power to silence anyone who disagrees with them.”

During his statement, he was visibly emotional and came to tears at times.

Mr. Hopkins concluded with the words: “We have been down that road before. Please, let’s not do it again.”

Thunderous applause erupted in the courtroom, showing support.

Judge: “Perhaps Not Everyone Was Foolish Sheep”

Judge Angelika Peck admonished the audience and declared the defendant acquitted. She saw in the tweets a distancing from a totalitarian system.

However, Judge Peck criticized Mr. Hopkins’ statement: “Perhaps not everyone was foolish sheep who simply followed; perhaps they were convinced by the statements of the scientists.”

Unconditional compliance with measures is not just blind following, but consideration for others, she said.

Judge Peck concluded with the words: “In my assessment, it was ‘ideological gibberish,’ but that is not punishable.”

The judge then left the courtroom wearing a mask.

Censorship by Twitter

For Mr. Hopkins’s defense attorney, it was a victory for both art and freedom of expression.

However, the entire process and the resulting costs were a significant burden for his client.

“One must ask whether critics of the government were deliberately prosecuted criminally so that this government could pursue its policies,” Mr. Dablitz said.

The court ruling shows that censorship occurred without his client having a chance to defend himself. Twitter deleted the tweets after being instructed by authorities to do so. Now, we know that the tweets were legal.

Mr. Hopkins’s book has been banned by Amazon in Germany, Austria, and the Netherlands.

The court declined to comment after the verdict. The judgment is only final if neither party files an appeal within a week of the decision.