The Higher Regional Court in Zweibrücken acquitted an Instagram user over posts that used Nazi symbols while comparing Israeli actions with Nazi practices.
The court overturned a €2,400 fine imposed by a lower court in Ludwigshafen.
The lower court had found the user liable for using symbols associated with an unconstitutional organisation.
The posts included swastika imagery and Nazi Party flags in material addressing the Middle East conflict.
One post presented a comparison between Nazi conduct and Israel’s conduct in the conflict.
Another image combined a Star of David with a swastika and depicted soldiers firing from a wall toward an enclosed area.
The user also attached the hashtags #freepalestine and #gazaunderattack to the posts.
The higher court said the criminal provision on unconstitutional organisations’ symbols did not apply in these circumstances.
It said use of such symbols may fall outside the offence when deployed to sharply criticise Israel’s methods and when the speaker clearly distances themselves from, or condemns, Nazi-era injustice.
The court also cautioned against an overly expansive interpretation of the criminal law, citing the importance of freedom of expression.