I am obviously not an expert on this, but I do have some discomfort over the idea of a German citizen posting things to the internet from the U.S. or Canada and being tried domestically in Germany for them because the content was able to be viewed in Germany (e.g. Ernst Zundel). No matter how objectionable the speech is, bad ideas should be countered with rational challenges and better ideas, not with government-enforced censorship, IMO.
I respect your opinion, and I've encountered it with several Americans before. I perfectly understand the American perspective on this, but I think what's always left out of the equation is that German hate speech laws don't come from some theoretical deliberations, but from very specific first-hand experience of what hate speech is capable of doing. They were first passed in a society that had not yet ingrained democratic ideals, and which had experienced the rise to power of Hitler based on his hate speech which proved immune against rational challenges and better ideas. Those existed, but they were powerless at the time. When the German constitution was drafted in the late 1940s, the only guarantee against a renewed rise to power of groups like the Nazis was the occupation of the country by Allied troops, but the idea was that one day they would leave and Germany would be a strong democracy.
With that being said, of course you could argue the laws are no longer necessary because Germany now has an established democratic society, and I'm on the fence with that. Personally, I feel more comfortable knowing that someone will face legal consequences when they flat-out lie about the Holocaust with ulterior motives, but of course there are people smart enough to find workarounds to say these things without actually saying the words. But there is a difference between being arrested for questioning the Holocaust after three beers, which doesn't happen, and being tried for systematically spreading hate speech in order to rouse the masses against certain parts of the population and the constitutional order, which is what
Volksverhetzung means. Zündel's case is borderline to me, but it's not just that his websites could be viewed in Germany, but that they were specifically targeted at a German audience with said motivation.
Also, the outright ban on certain Nazi-related images, even in a historical context, is concerning. My understanding is that WWII-themed video games always have to swap the swastikas for the iron cross when sold in Germany. The closest analog to the United States' own history would be banning the use of the confederate flag in any similar context, which would seem pretty draconian from an American perspective.
This ban is not as extreme as you think. Swastikas can be used for purposes of education and art. For example,
Indiana Jones and the Last Crusade can be shown perfectly fine on public TV and that happens a lot, too. Contrary to popular belief, the Star Trek episode
Patterns of Force was not banned in Germany, although it wasn't part of the original 1970s/80s broadcast run, probably because the broadcasters were uncomfortable with it; however, since the 1990s it's part of the German Star Trek canon and has been shown on TV repeatedly.
Video games are a bit of a different story, because German censorship works differently for several reasons: First, it does not appreciate video games as "art", and second it is conservative on what is deemed "glorification of violence" (
Gewaltverherrlichung), which is the reason why many German releases of video games had to remove blood and gore. But the rules aren't consistent, and one game may get a pass and another may not.
Some examples:
Wolfenstein 3D was not censored in Germany because of its use of swastikas, but because it was deemed as glorifying violence by the conservative censors of the time, and after several revisions, it is now freely available for anyone who still wants to sell it.
Indiana Jones and the Last Crusade removed all the swastikas except for the ones appearing instead of stars when you punch a Nazi guard, but this was self-censorship on part of the game designers. From what I can find,
Call of Duty also self-censored. I'm not familiar with other games.
And yes, there have been and always will be silly outliers, such as the controversy about the KISS logo. Again, this was never actually banned because German authorities felt that it could not be mistaken with the SS runes. But there was a media frenzy in the late 70's and early 80's, which is to be seen in context with a general conservative rejection of hard rock, which led to the label changing the logo in 1980 to avoid publicity issues. It is perfectly legal in Germany to display the original logo. People have been sued for it, but the courts always ruled in their favour.
Again, the reasoning for banning Nazi symbols is more complex than the comparison with the confederate flag. Swastikas (unless used for religious purposes) are deemed anti-constitutional (
Verfassungsfeindlich) because they represent an organisation whose purpose it is to overturn constitutional, democratic order with a very concrete historical precedent. I do not believe German law is entirely consistent in this, as it does not ban symbols from the former GDR, so I'd give you this point if you were to make it. However, do note that such bans aim very specifically at Nazi symbols. For example, it is legal to display the imperial German flag (black/white/red). There is a very recent law which has not yet been passed as far as I know that outlaws the display under very specifically defined circumstances, meaning such in which they are used in a context that endangers public safety. This was designed under the impression of an attempt to storm the Reichstag building in 2020 in which the flag was put on prominent display. I'm not sure I agree with this, but I do want to point out that there are rather high bars for such a law and what it can ban.
And regardless of how Volksverhetzung has been applied to date, the broadness of the potential definition of "disturbing the public peace" would seem to leave the door wide open for greater abuse down the road.
Volksverhetzung isn't "disturbing the public peace", that's
Störung der öffentlichen Ordnung; it would apply for someone running around naked in a public place shouting.
Volksverhetzung is translated as "incitement of masses" and has a
constitutional definition. Note that one of the definitions involves disturbing the public peace, but is neither limited to that, nor is it the only definition.