Are Germany's laws on their Nazi legacy wrong?

The US also has anti-discrimination laws that forbid certain types of language and thoughts based on color, creed, sexual preference etc. Many of these laws are good but many actually create the same atmosphere they are trying to curtail.

Article 2 [Personal freedoms]
(1) Every person shall have the right to free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order or the moral law.

(2) Every person shall have the right to life and physical integrity. Freedom of the person shall be inviolable. These rights may be interfered with only pursuant to a law.

Article 5 [Freedom of expression]
(1) Every person shall have the right freely to express and disseminate his opinions in speech, writing, and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship.

(2) These rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons, and in the right to personal honor.

(3) Art and scholarship, research, and teaching shall be free. The freedom of teaching shall not release any person from allegiance to the constitution.

Article 8 [Freedom of assembly]
(1) All Germans shall have the right to assemble peacefully and unarmed without prior notification or permission.

(2) In the case of outdoor assemblies, this right may be restricted by or pursuant to a law.

Article 9 [Freedom of association]
(1) All Germans shall have the right to form corporations and other associations.

(2) Associations whose aims or activities contravene the criminal laws, or that are directed against the constitutional order or the concept of international understanding, shall be prohibited.

(3) The right to form associations to safeguard and improve working and economic conditions shall be guaranteed to every individual and to every occupation or profession. Agreements that restrict or seek to impair this right shall be null and void; measures directed to this end shall be unlawful. Measures taken pursuant to Article 12a, to paragraphs (2) and (3) of Article 35, to paragraph (4) of Article 87a, or to Article 91 may not be directed against industrial disputes engaged in by associations within the meaning of the first sentence of this paragraph in order to safeguard and improve working and economic conditions.

Article 18 [Forfeiture of basic rights]
Whoever abuses the freedom of expression, in particular the freedom of the press (paragraph (1) of Article 5), the freedom of teaching (paragraph (3) of Article 5), the freedom of assembly (Article 8), the freedom of association (Article 9), the privacy of correspondence, posts and telecommunications (Article 10), the rights of property (Article 14), or the right of asylum (Article 16a) in order to combat the free democratic basic order shall forfeit these basic rights. This forfeiture and its extent shall be declared by the Federal Constitutional Court.

Section 85 Violation of a Ban of an Organization
(1) Whoever, within the territorial area of application of this law, as ringleader or supporter, maintains the organizational cohesion of:

1. a party or organization, as to which it has been determined, no longer subject to appeal, that it is a substitute organization of a banned party in a proceeding pursuant to Section 33 subsection (3), of the Law on Political Parties; or

2. an organization, which has been banned, no longer subject to appeal, because it is directed against the constitutional order or against the idea of international understanding, or as to which it has been determined, no longer subject to appeal, that it is a substitute organization of such a banned organization, shall be punished with imprisonment for not more than five years or a fine. An attempt shall be punishable.

(2) Whoever is active as a member in a party or organization of the type indicated in subsection (1) or whoever supports its organizational cohesion, shall be punished with imprisonment for not more than three years or a fine.

(3) Section 84 subsections (4) and (5), shall apply accordingly.

Section 86 Dissemination of Means of Propaganda of Unconstitutional Organizations
(1) Whoever domestically disseminates or produces, stocks, imports or exports or makes publicly accessible through data storage media for dissemination domestically or abroad, means of propaganda:

1. of a party which has been declared to be unconstitutional by the Federal Constitutional Court or a party or organization, as to which it has been determined, no longer subject to appeal, that it is a substitute organization of such a party;

2. of an organization, which has been banned, no longer subject to appeal, because it is directed against the constitutional order or against the idea of international understanding, or as to which it has been determined, no longer subject to appeal, that it is a substitute organization of such a banned organization;

3. of a government, organization or institution outside of the territorial area of application of this law which is active in pursuing the objectives of one of the parties or organizations indicated in numbers 1 and 2; or

4. means of propaganda, the contents of which are intended to further the aims of a former National Socialist organization,

shall be punished with imprisonment for not more than three years or a fine.

(2) Means of propaganda within the meaning of subsection (1) shall only be those writings (Section 11 subsection (3)) the content of which is directed against the free, democratic constitutional order or the idea of international understanding.

(3) Subsection (1) shall not be applicable if the means of propaganda or the act serves to further civil enlightenment, to avert unconstitutional aims, to promote art or science, research or teaching, reporting about current historical events or similar purposes.

(4) If guilt is slight, the court may refrain from imposition of punishment pursuant to this provision.

Section 86a Use of Symbols of Unconstitutional Organizations
(1) Whoever:

1. domestically distributes or publicly uses, in a meeting or in writings (Section 11 subsection (3)) disseminated by him, symbols of one of the parties or organizations indicated in Section 86 subsection (1), nos. 1, 2 and 4; or

2. produces, stocks, imports or exports objects which depict or contain such symbols for distribution or use domestically or abroad, in the manner indicated in number 1,

shall be punished with imprisonment for not more than three years or a fine.

(2) Symbols, within the meaning of subsection (1), shall be, in particular, flags, insignia, uniforms, slogans and forms of greeting. Symbols which are so similar as to be mistaken for those named in sentence 1 shall be deemed to be equivalent thereto.

(3) Section 86 subsections (3) and (4), shall apply accordingly.

Section 130 Agitation of the People
(1) Whoever, in a manner that is capable of disturbing the public peace:

1. incites hatred against segments of the population or calls for violent or arbitrary measures against them; or

2. assaults the human dignity of others by insulting, maliciously maligning, or defaming segments of the population,

shall be punished with imprisonment from three months to five years.

(2) Whoever:

1. with respect to writings (Section 11 subsection (3)), which incite hatred against segments of the population or a national, racial or religious group, or one characterized by its folk customs, which call for violent or arbitrary measures against them, or which assault the human dignity of others by insulting, maliciously maligning or defaming segments of the population or a previously indicated group:

a) disseminates them;

b) publicly displays, posts, presents, or otherwise makes them accessible;

c) offers, gives or makes accessible to a person under eighteen years; or

(d) produces, obtains, supplies, stocks, offers, announces, commends, undertakes to import or export them, in order to use them or copies obtained from them within the meaning of numbers a through c or facilitate such use by another; or

2. disseminates a presentation of the content indicated in number 1 by radio,

shall be punished with imprisonment for not more than three years or a fine.

(3) Whoever publicly or in a meeting approves of, denies or renders harmless an act committed under the rule of National Socialism of the type indicated in Section 220a subsection (1), in a manner capable of disturbing the public piece shall be punished with imprisonment for not more than five years or a fine.

(4) Subsection (2) shall also apply to writings (Section 11 subsection (3)) with content such as is indicated in subsection (3).

(5) In cases under subsection (2), also in conjunction with subsection (4), and in cases of subsection (3), Section 86 subsection (3), shall apply correspondingly.

Section 131 Representation of Violence
(1) Whoever, in relation to writings (Section 11 subsection (3)), which describe cruel or otherwise inhuman acts of violence against human beings in a manner which expresses a glorification or rendering harmless of such acts of violence or which represents the cruel or inhuman aspects of the event in a manner which injures human dignity:

1. disseminates them;

2. publicly displays, posts, presents, or otherwise makes them accessible;

3. offers, gives or makes them accessible to a person under eighteen years; or

4. produces, obtains, supplies, stocks, offers, announces, commends, undertakes to import or export them, in order to use them or copies obtained from them within the meaning of numbers 1 through 3 or facilitate such use by another,

shall be punished with imprisonment for not more than one year or a fine.

(2) Whoever disseminates a presentation of the content indicated in subsection (1) by radio, shall be similarly punished.

(3) Subsections (1) and (2) shall not apply if the act serves as reporting about current or historical events.

(4) Subsection (1), number 3 shall not be applicable if the person authorized to care for the person acts.

Section 130a Instructions for Crimes
(1) Whoever disseminates, publicly displays, posts, presents, or otherwise makes accessible a writing (Section 11 subsection (3)) which is capable of serving as instructions for an unlawful act named in Section 126 subsection (1), and is intended by its content to encourage or awaken the readiness of others to commit such an act, shall be punished with imprisonment for not more than three years or a fine.

(2) Whoever:

1. disseminates, publicly displays, posts, presents, or otherwise makes accessible a writing (Section 11 subsection (3)) which is capable of serving as instructions for an unlawful act named in Section 126 subsection (1); or

2. gives instructions for an unlawful act named in Section 126 subsection (1), publicly or in a meeting, in order to encourage or awaken the readiness of others to commit such an act,

shall be similarly punished.

(3) Section 86 subsection (3), shall apply correspondingly.

BTW I think the US is right. I think the policies of Germany are excessive and counter-productive.

Under the American Consitution, freedom of speech is sacred. We will protect the free speech of the most vile, dangerous groups.

I think this it what Craven was referring to.