A Higher Regional Court in Zweibrücken overturned a previous conviction against an Instagram user who had been fined €2,400 for allegedly using symbols of unconstitutional organizations.

The June 24, 2026 ruling found that the posts, which included Nazi symbols such as the swastika alongside comparisons between Israeli military actions in Gaza and Nazi Germany, were intended as political criticism rather than support for Nazi ideology. The content also featured hashtags including #FreePalestine and #GazaUnderAttack.

The court said the posts clearly condemned Nazism and its crimes, concluding that the use of Nazi symbols in this context served as a form of political criticism rather than an attempt to promote or revive the ideology.

Judges ruled that Article 86 of the German Criminal Code, which prohibits the use of symbols associated with unconstitutional organizations, does not apply when such symbols are used for purposes of criticism, rejection or warning against those ideologies.

The court further stated that comparing Israel with Nazi Germany, regardless of how controversial such comparisons may be, did not amount to propaganda for Nazism, and that a reasonable observer would not interpret the posts as endorsing or glorifying Nazi ideology.

It also found that the content did not constitute incitement to hatred, ruling that it targeted the policies and actions of a state rather than Jewish people as a religious or ethnic group.

According to the judgment, freedom of expression requires a narrow interpretation of criminal restrictions on Nazi symbols when they are used in the context of condemnation, political comparison or sharp criticism. The court emphasized that the law is intended to prevent the revival of banned organizations and protect Germany’s democratic order, not to suppress controversial political debate.

One of the disputed posts combined elements of the Israeli flag with Nazi imagery, while another depicted a Star of David containing a swastika in reference to the war in Gaza. The court concluded that the overall context of the posts demonstrated an anti-Nazi message rather than support for Nazi ideology.

The defendant was acquitted of all charges, with the court ruling that comparing the actions of the State of Israel to those of Nazi Germany, when made as part of political criticism and accompanied by condemnation of Nazism, does not in itself constitute a criminal offense under German law.