Post–World War II legality of Nazi flags

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3:5 Flag of the Nazi Party (1920–45)
National flag of Germany (1933–45)
3:5 Used jointly with the swastika flag (1933–35), then banned as "reactionary"

The use of flags from the German Third Reich (1933-1945) is currently subject to legal restrictions in a number of countries.[1][2]

Whilst legal in the overwhelming majority of countries,[3][4] the display of flags associated with the Nazi regime (see: Nazi flags) is subject to restriction or an outright ban in others, particularly those with a direct involvement in the Second World War, and Germany itself.

Many Nazi flags make use of swastika symbols;[5] however, the swastika is not always used in connection with the National Socialist German Workers' Party movement or of the German Third Reich or German military of 1933-1945. Use of swastikas pre-dates the German Third Reich by some 3000 years.[6][7] It is possible to display certain non-Nazi swastikas even in areas where Nazi hakenkreuz swastikas are prohibited.

Austria

Austria strictly prohibits the public display and/or proliferation of all insignia/symbols, emblems, uniforms (full or partial), flags, etc., clearly associated with the National Socialist German Workers Party (NSDAP, commonly known as the Nazi Party). There are legal exceptions for works of Art (including books, films, Theatre Performances, computer games, and educational/memorial public exhibitions, etc.), these however do not apply if the respective work promotes National Socialism (as this is generally prohibited in Austria). The law has been amended to include commonly recognized replacements or slightly modified depictions of Nazi symbols. Violations of the Badges Act 1960 (Abzeichengesetz 1960), which prohibits the public display of Nazi symbols, are punishable by up to € 4000.- fine and up to 1 month imprisonment. However, if the violation is deemed an attempt to promote national socialism, the Prohibition Act 1947 (Verbotsgesetz 1947) is applied, which allows for up to 10 years imprisonment. Trading medals, uniforms, or other memorabilia however isn't illegal in Austria.

Canada

Canada has no legislation specifically restricting the ownership, display, purchase, import or export of Nazi flags. However, sections 318-320 of the Criminal Code,[8] adopted by Canada's parliament in 1970 and based in large part on the 1965 Cohen Committee recommendations,[9] provide law enforcement agencies with broad scope to intervene if such flags are used to communicate hatred in a public place (particularly sections 319(1), 319(2), and 319(7).[9]

Cyprus

Cyprus has no legislation designed to restrict the ownership, display, purchase, import or export of Nazi flags, nor does the Criminal Code of Cyprus expressly allow for racist or other bias motives to be taken into account when sentencing.[10]

However, use of Nazi flags in a manner likely to cause discrimination, hatred, or violence may be dealt with under Cyprus' ratification of the UN Convention on the Elimination of All Forms of Racial Discrimination. This allows for the prosecution of anyone who expresses an idea (in public, using almost any medium including flags) which insults another person's race, religion or ethnicity.[11]

Czech Republic

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The Czech Republic has no legislation restricting ownership, display, purchase, import or export of Nazi flags; indeed Czech legislation makes even the banning of protests involving such flags very difficult.[12]

The police may cancel such events only once it becomes clear that protesters are inciting hate, which is deemed illegal in the Czech Republic. Legal regulation of hate crimes in the Czech Republic is contained in Act 140/1961 The Criminal Act [13] (amended by Act 175/1990).

Finland

Finland has no specific legislation aimed at controlling ownership, display, purchase, import or export of Nazi flags, however the Criminal Code (39/1889)[14] (especially Chapter 11 'War crimes and offences against humanity' Section 8)[14] may be applied where an offence has been directed at a person belonging to a national, racial, ethnic or other population group due to his/her membership in such a group. [15]

France

In France, it is illegal to display Nazi flags, uniforms and insignia in public, unless for the purpose of a historical film, show or spectacle.[16]

In April 2000 the International League against Racism and Anti-Semitism and Union des étudiants juifs de France (the Union of French Jewish Students) brought a case against Yahoo! which objected to the auctioning of Nazi memorabilia, in France, via Yahoo!'s website on the basis that it contravened Article R645-1.[17] Though a French judge did initially order Yahoo! to take measures to make it impossible for users in France to reach any Nazi memorabilia through the Yahoo! site, in December 2001 the US District Court for the Northern District of California ruled that Yahoo! would be shielded from the judgement of the French court. [18]

Germany

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Main article: Strafgesetzbuch § 86a

Germany strictly prohibits public display of Nazi symbols, such as the swastika and the SS logo, unless it is for historical purposes.

Hungary

Section 335 of the Act C of 2012 on the Criminal Code of Hungary regulates the "use of symbols of totalitarianism", including the swastika, the insignia of the SS, the arrow cross, the hammer and sickle, and the five-pointed red star.[19]

Israel

The use of Nazi symbols is legal in Israel. Legislation regarding such symbols was initiated in early 2012 but no law was passed.[20]

United States

File:Nazi flag for sale at a gun show Salt Lake City Utah USA 9-25-2010.jpg
Nazi flag for sale at a gun show Salt Lake City Utah USA 9-25-2010

The public display of Nazi flags is protected by the First Amendment to the United States Constitution which guarantees the right to freedom of speech.

See also

References

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  8. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  9. ↑ 9.0 9.1 Lua error in package.lua at line 80: module 'strict' not found.
  10. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  11. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  13. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  14. ↑ 14.0 14.1 Lua error in package.lua at line 80: module 'strict' not found.
  15. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  16. ↑ Penal code, article R645-1; beware that this article is in the "regulations" part of the code (R articles) and that some editions may include only the "statutes" part (L articles).
  17. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  18. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  19. ↑ http://www.academia.edu/4602286/Criminal_Code_of_Hungary_2012
  20. ↑ Lua error in package.lua at line 80: module 'strict' not found.

External links

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