this post was submitted on 22 Jun 2024
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[–] barsoap@lemm.ee 1 points 5 months ago* (last edited 5 months ago)

So then, you think Nazi Swastikas without context should be allowed without any repercussions.

That's incoherent. "Nazi swastika" and "without context" doesn't mesh because "Nazi" is a context for "swastika".

That aside, I'm going to take German law as an example: No, non-nazi swastikas are very much not outlawed. You can see them on stray Hindu temples or shrines in the country, for example. "Without" context they're generally assumed to be Nazi ones over here because historical context, also, only Nazis draw random swastikas over here. You also see ones broken in pieces getting thrown in the trash or in a crossed-out circle, those come from the Antifa side.

Both the Hindu and Antifa uses are legal, the Nazi ones aren't. That's because German law doesn't outlaw the swastika as such, it outlaws "using symbols of unconstitutional or outlawed organisations in a manner suitable to further their aims". A Nazi painting a Swastika on a Jewish gravestone is considered furthering the aims of the NSDAP, which had the swastika as their logo. A Hindu chiselling a swastika into their gravestone is a completely different matter. (Do Hindus use gravestones? Anyway doesn't matter it's a hypothetical example).

In another country, where the historical context is different, those "without" context swastikas won't be interpreted the same as in Germany. So even under German law those would arguably be legal, there.