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Originally Posted by nikimcbee
Do Germans have the right to free speech? What is the law regarding this kinda stuff? (in Germany)
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It's complicated. Generally speaking, freedom of speech has a much higher value in regards to what's allowed in the US than here.
Here is the relevant section. It's among the first 20 sections of the German constitution which describe the basic and unalterable rights.
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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.
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You see that the conflict is between subsection 2 (personal honor of the pope) and subsection 1 (freedom of press) and 3 (freedom of art)
I haven't read the decision yet, should be available tomorrow, then I can tell more on which sections the decision is based.
So talking out of my unstained arse, I'd say the general laws, mentioned in (2) which can be used to limit free speech in this case could be in this example §103 Defamation of organs and representatives of foreign states (if the pope is considered the head of the state of Vatican) or even the blasphemy law(!), section 166. A private citizen could base his claims on section 185 or 186 - Insult/defamation.
You can find the criminal code here:
http://www.gesetze-im-internet.de/en...tgb/index.html