Criminalizing Nazi Symbols and Gestures: The Australian Experience

Kerstin Braun is an associate professor at the School of Law and Justice, University of Southern Queensland.

Keiran Hardy is a senior lecturer at the Griffith Criminology Institute, Griffith University.

Far-right extremist groups around the world frequently use symbols and gestures associated with the Nazi regime in an attempt to spread hatred and intimidate communities. To curb these activities, some countries, including, for example, Austria and Germany, have long criminalized public displays associated with Nazism. In Germany, symbols including swastikas and SS sig runes are considered symbols of “unconstitutional organizations.” Publicly displaying or selling goods that depict them has been an offence under German criminal law since the 1960s and is punishable by a fine or up to three years in prison. Performing the Nazi salute in public, or making statements such as “Sieg Heil!,” is also illegal.

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FoRB Podcast: Qur’an-Burning Cases in Europe

The first episode of the FoRB Podcast. Dmytro Vovk and Merilin Kiviorg invited Ed Brown from Oslo-based Stefanus Alliance International to discuss Qur'an-burning cases in Scandinavian countries and beyond. They touched on state responses to Qur'an burning and…

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Freedom of Religious Expression, Hate Speech, and Discrimination Based on Sexual Orientation and Gender Identity

Montserrat Gas-Aixendri is a full professor of law and religion at Universitat Internacional de Catalunya (Barcelona, Spain).

The 2023 Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity [1] examines the intersection between freedom of thought, conscience, and religion or belief and protection from violence and discrimination based on sexual orientation and gender identity. The mandate recognizes the importance of respecting religious value systems and demonstrates a commendable commitment to safeguarding religious freedom for everyone, including individuals with diverse sexual orientations and gender identities.

As W. Cole Durham, Jr., points out, the conflicts arising from competing claims of freedom of religion or belief (FoRB) and sexual orientation and gender identity (SOGI) have been key issues in the ongoing “culture wars” for quite some time. Dealing with this clash in a thematic report for the United Nations requires careful judgment and equilibrium.

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