German Basic Law (Grundgesetz) Article V
[Freedom of expression, arts and sciences]
(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.
German Criminal Code: Volksverhetzung
Incitement to hatred
1. incites hatred against a national, racial, religious group or a group defined by their ethnic origins, against segments of the population or individuals because of their belonging to one of the aforementioned groups or 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 an aforementioined group, segments of the population or individuals because of their belonging to one of the aforementioned groups or segments of the population, or defaming segments of the population,
1. with respect to written materials (section 11(3)) which incite hatred against an aforementioned group, segments of the population or individuals because of their belonging to one of the aforementioned groups or segments of the population which call for violent or arbitrary measures against them, or which assault their human dignity by insulting, maliciously maligning or defaming them,
(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 Nos (a) to (c) or facilitate such use by another; or
(3) Whosoever publicly or in a meeting approves of, denies or downplays an act committed under the rule of National Socialism of the kind indicated in section 6 (1) of the Code of International Criminal Law, in a manner capable of disturbing the public peace shall be liable to imprisonment not exceeding five years or a fine.
(4) Whosoever publicly or in a meeting disturbs the public peace in a manner that violates the dignity of the victims by approving of, glorifying, or justifying National Socialist rule of arbitrary force shall be liable to imprisonment not exceeding three years or a fine.
(1) Whosoever disseminates, publicly displays, posts, presents, or otherwise makes accessible written material (section 11(3)) capable of serving as an instruction for an unlawful act named in section 126(1) and intended by its content to encourage or cause others to commit such an act, shall be liable to imprisonment not exceeding three years or a fine.
1. disseminates, publicly displays, posts, presents, or otherwise makes accessible written material (section 11(3)) capable of serving as an instruction for an unlawful act named in section 126(1); or
1. disseminates written materials (section 11(3)), which describe cruel or otherwise inhuman acts of violence against humans or humanoid beings in a manner expressing glorification or which downplays such acts of violence or which represents the cruel or inhuman aspects of the event in a manner which violates human dignity;
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 to 3 above or facilitate such use by another,
(4) Subsection (1) No 3 above shall not apply if the person authorised to care for another person acts; this shall not apply if that person grossly neglects his duty of education by offering, giving, or making them accessible.
United States First Amendment Exceptions to Guarantee of Free Speech
Defamation—Libel and Slander
Fighting Words—“clear and present danger”
Obscenity—not pornography, which has a socially redeeming value
Conspiracy—preparations to commit a crime:
The term “conspiracy” is used a lot when discussing criminal charges in Virginia. It is often used alongside drug, assault, robbery, and other charges. Conspiracy is defined as two or more individuals agreeing with each other to carry out a crime. Those individuals must take steps towards committing that crime and prosecutors must prove that each individual both knew of, and intended on committing, the crime. The unique thing about conspiracy charges is that Virginia residents can be charged with such offenses even if the criminal activity intended is not fully carried out. Conspiracy charges in Virginia can carry stiff punishment, including prolonged time behind bars. With so much at stake, it is important that those facing such charges contact a criminal defense lawyer who understands conspiracy crimes in Virginia. They will work with clients to form a strong defense against what many consider to be a very subjective area of Virginia law.
Conspiracy to commit a felony
Section 18.2-22 of the Virginia criminal code outlines the laws surrounding conspiracy to commit a felony. The section states that any individuals that conspire to commit a felony either inside or outside the Commonwealth could be found guilty on conspiracy charges. If the crime that the individuals conspired to commit is punishable by death, those individuals face a Class 3 felony conspiracy charge. If the crime that the individuals conspired to commit is a noncapital felony, the charge is knocked down to a Class 5 felony.
If the crime that individuals are conspiring to commit is punishable by less than five years in state prison, then the conspiracy charge carries with it a punishment of up to one year in prison, or in the court’s discretion up to twelve months in jail and/or a fine of up to $500. A Virginia conspiracy lawyer can help eliminate conspiracy charges or work for a reduced sentence.
Code: Section 30
(1) A person who attempts to induce another to commit a felony or abet another to commit a felony shall be liable according to the provisions governing attempted felonies. The sentence shall be mitigated pursuant to section 49 (1). Section 23 (3) shall apply mutatis mutandis.
(2) If the offence is not completed regardless of his actions or if it is committed independently of his previous conduct, his voluntary and earnest effort to prevent the completion of the offence shall suffice for exemption from liability.