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Landmark Ruling: Court Protects Free Debate on COVID Measures – Criticism of Corona Is Not Holocaust Trivialization!After my last post on a ruling by the LG Wuppertal apparently spoiled some readers’ mood, I now report on a case in which both the LG Bremen and the OLG Bremen showed sound judgment. 
The ruling of the OLG Bremen of July 10, 2025 – 1 ORs 9/25 is published here: View the ruling What happened? A New York rabbi and two Holocaust survivors had published an open letter on the internet addressed to the relevant authorities of Great Britain, Canada, Australia, and New Zealand, as well as to the European Medicines Agency (EMA). In it, they warned that the global COVID vaccination campaign was rolling out “another Holocaust of even greater scale” and reminded the authorities of the Nuremberg Code. The defendant was the owner of a Telegram channel on which the post was shared — not by the defendant himself, but by a co-administrator. The OLG Bremen could have stopped at the finding that the defendant was not criminally responsible as the perpetrator of the post. But the OLG did not stop there. Already the LG Bremen, as the court of first instance, which had acquitted the defendant, had correctly recognized that the authors of this open letter had not trivialized the Holocaust, “but rather portrayed it as something utterly horrific.” The LG Bremen further stated: “The Corona measures are over-dramatized, but this does not amount to trivializing the Holocaust. The subject of the publication and the letter is the dramatization and warning against the Corona measures. The publication does not aim to suggest that something like the Holocaust should happen again, but rather wants to achieve the exact opposite.” The OLG Bremen confirmed in the decision under discussion, as the court of appeal, the acquittal by the lower court and explained: “In the overall view of all relevant circumstances, the interpretation of the letter made by the regional court could thus also be possible in the sense that the far-reaching state-imposed vaccination obligations against the Corona virus are merely exaggerated dramatizations of the alleged dangers, without trivializing the systematic, millionfold extermination of human lives by the National Socialist regime.” The LG Bremen and the OLG Bremen rightly saw that the recognition of the Nazi crimes as barbaric injustice is the unshakable premise of any criticism of the Corona measures that draws parallels with the Nazi era. The OLG Bremen also rightly emphasized that the open letter is not suitable to disturb public peace. The letter is addressed to several health authorities. The authors of the letter thus chose the path of petitioning, which is absolutely legitimate in a constitutional state and anchored in the Basic Law through Article 17 as part of the catalog of fundamental rights. The OLG Bremen’s decision is an important milestone in the legal confrontation over criticism of Corona measures with references to Nazi injustice. It shows that there is still a chance to persuade the courts in such cases to an acquittal with good arguments. Best regards Yours truly Martin Schwab
Author: AI-Translation - Martin Schwab | |
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