@Godstud
Publishing material can be harmful, however, and be construed by incitement, under the right conditions, which I am sure you are ignoring.
So..... We should ban rap songs?
Because the girl was arrested and convicted for a post where she quoted a rap song.
And how are they harmful?
Is making a joke about the NAZI harmful to society? Or making a rap song?
Further more, if you were to consider that political opinions can be harmful and thus can be banned, you do realize you just removed the right to belief, the right of expression (i.e. free speech), the right of association and affiliation, the right to assembly, etc are all gone righT?
You would also effectively leave the door wide open for a dictatorship, because if political speech can be banned under the banner of being harmful, then who ever is in power can simply ban and imprison their opposition under the guise of their opposition's opinions being "harmful".
Sure, but were they convicted?
They were.
And furthermore, the conviction rate ranges in the 90s percentile for public order offenses in the UK (it varies based on ethnic group), meaning the if we took the minimum, 90% of the times there is a conviction.
I haven't yet looked up stats on Germany so I can't give definitive number, but it also have significant conviction rate for hate speech.
have to have evidence of intent. It's not as simple as you imply, and the conviction rate is very low.
Not necissarily, as shown before, conviction can and is made not only without proving intent, but even when there is clear evidence that intent was opposite to the claimed intent of the court.
And the conviction rate is surprisingly very high.
Even higher than the average conviction rate of regular crimes.
It's not as simple as you imply
Was, not is, was.
It wasn't as simple as that, but now it increasingly is.