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Free Speech Is Not for Wimps

‘No one has the right to obey,’ the great philosopher Hannah Arendt once wrote. It is far easier to remain silent and blend into the sea of conformists who embody the prevailing spirit of the times. Courage always dies first – and then freedom.

Modern totalitarians are not satisfied with mere tolerance toward other viewpoints. They demand participation and public declarations of loyalty to ideas like it is seen here with pride flags above Regent Street ahead of the Pride in London parade. Photo: Mike Kemp/In Pictures via Getty Images

Modern totalitarians are not satisfied with mere tolerance toward other viewpoints. They demand participation and public declarations of loyalty to ideas like it is seen here with pride flags above Regent Street ahead of the Pride in London parade. Photo: Mike Kemp/In Pictures via Getty Images

The tuba player was arrested in Berlin. Together with his large tuba, he sat in the police car where officers had placed him. His offence consisted of playing the German folk song ‘Die Gedanken sind frei’ by August Heinrich Hoffmann von Fallersleben in the open air on Potsdamer Platz with 500 other musicians. The performance was intended to draw attention, in the middle of the Covid lockdowns, to the de facto prohibition of artistic freedom. Such dissent proved more than the full force of the state could tolerate.

The Irish teacher Enoch Burke spent more than 500 days in prison. He had been suspended because he refused to address one of his students using newly adopted pronouns reflecting a newly declared gender. His resistance cost him his freedom. The judge ordered his detention to prevent any repetition.

In Bavaria police searched the home of a pensioner after he referred to the then vice-chancellor Robert Habeck as a ‘Schwachkopf’ in a humorous internet image. The incident was one of more than 800 criminal complaints brought by the minister. His colleague Annalena Baerbock initiated roughly 500 similar cases against citizens. The FDP politician Marie-Agnes Strack-Zimmermann is linked to more than 1,400 proceedings. The current chancellor Friedrich Merz has likewise pursued hundreds of cases over expressions of opinion by his own voters.

Three prosecutors from Göttingen boast in a 2025 CBS television documentary, laughing mockingly, about how they send police to citizens’ homes over speech-related offences. They explain how confiscating mobile phones already punishes citizens before any verdict is reached. Since 2016 the number of criminal investigations into speech offences in the German state of Lower Saxony has increased fifteenfold, reaching 35,000 investigations in 2024 alone.

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