Various European initiatives and policies which criminalize "holocaust denial" have for years dominated headlines and driven immense controversy over freedom of speech and public debate.
But Germany is now taking it a big step further, with the Bundesrat, Germany's upper house of parliament, having just approved a bill that would criminalize publicly denying Israel's "right to exist" or calling for its abolition.
If passed into law, a conviction would bring up to five years in prison, according to the proposed legal change. The legislation will now move to the lower house.
If ultimately approved, it would make Germany the first country in Europe to punish speech denying Israel's "right to exist".
Critics of such efforts to crack down on pro-Palestinian activism and protests have pointed out that the question of any nation's "right" to "exist" is a highly philosophical and theoretical one, which makes it strange that any government would codify the statement into law, elevating it to a kind of of dogma.
The legal proposal would greatly expand Germany's existing Section 130 of the criminal code - which is what authorities currently use to prosecute Holocaust denial.
However, dissenters within the German government have warned the proposed expansion would be a violation of the German constitution, as it would establish a "special right against a specific opinion" in breach of Article 5. Here's what the constitution's "freedom of expression" clause says:
Every person shall have the right freely to express and disseminate his opinions in speech, writing and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship.
The Bundestag's research service has warned in a report on violation of individual rights: "Both the rejection of the right of the State of Israel to exist and the call for the elimination of the state are likely to constitute subjective value judgments."
Recently Tucker Carlson unpacked the difficulty inherent in the whole notion of a country having a "right to exist" in a testy exchange with a reporter. Carlson has also frequently pointed out that the phrase is a bizarre and uncommon formulation, given that not even Americans in all of history have spoken in terms of a nation-state or government 'existing' as a 'right'...
A reporter asks Tucker Carlson if Israel has a “right to exist.” When he presses her to define it, she can’t.
— Michael Hennessey (@Snowflake_News) March 21, 2026
Tucker responds: “I believe in universally applicable standards, and if they’re not universally applicable, they’re not standards — they’re preferences.” pic.twitter.com/tUzmcDShSy
More recently, Amnesty International has publicly come out in opposition to the German measure, stating, "The protection of Jewish life is of particular importance – but this initiative massively endangers freedom of expression."
In the United States, the Israel-Gaza conflict has increasingly split the Democratic Party, amid growing midterm related turmoil. But there's been an increasing debate raging on the Right as well, as younger generations of conservatives show much more willingness to criticize Israel and push against taxpayer funding for the Israeli government and military to the tune of billions.
.jpg?branch=production)
.png?branch=production)
.jpg?branch=production)
