Page:Masterpieces of German literature volume 10.djvu/553

 it might perhaps be held that such disturbance always follows when instigation to hatred and contempt is made.

"Endanger" means to bring about the possibility of a disturbance, and by his choice of this term, therefore, the legislator has shown us that in speaking of the public peace he has not in mind a harmony of sentiments—which in the case contemplated must already have been disturbed, not simply endangered—but the peace of the streets. He has shown that he does not consider that a disturbance of the public peace necessarily has arisen in case of incitement to subjective sentiments of hatred and contempt. Consequently not every case of such incitement is held to be punishable, but only those cases in which the peace of the streets is in danger of being disturbed. In other words the penalty follows only when the incitement to hatred and contempt attains such a pitch as to become dangerous, that is to say, liable to result in overt unlawful acts. Section 100 is accordingly not to be taken to say that any person who incites to hatred and contempt endangers the public peace and is therefore subject to punishment, Such an interpretation would be wholly fallacious, on juridical as well as on grammatical grounds. Its meaning is that any person who puts the public peace in jeopardy through inciting to hatred and contempt—that is to say in case the incitement is of such a nature that it necessarily carries danger to the public peace—such a person is subject to the penalties of this law. In making use of the term "endanger," therefore, the law defines the crime of incitement to this effect, that it must be incitement of such a kind that it at least may lead to overt action—to the endangering of the peace of the streets—otherwise it is not punishable.

To show how far my action falls short of this third criterion, how little the alleged instigation is of the kind which might, even conceivably, lead to tangible action in the way of endangering the political peace, the peace of the public highways—to this end let me simply point out that in this address I am occupied with a discussion of