1. See Wandres, p. 184; Lackner/Kühl, Vorbemerkung zu § 185, marginal note 1.
2. “Insult” and “defamation” here are used in a wide sense (covering all criminal offences against honor) as well as in their narrower sense. In the narrow sense, “insult” refers to the provision of § 185 only, whereas § 186 covers calumny and § 187 covers defamation. As will be mentioned later, the American notion of defamation is narrower than the broad German notions of insult or defamation.
3. BVerfGE 90, 241, 248 f., Decision of 13 April 1994, Holocaust Denial Case = Decisions 620, at 626. For another statement of these rules, see BVerfGE 93, 266, 294 f., Decision of 10 October 1995, Soldiers-are-Murderers Case = Decisions 659, at 680 f.
4. The German courts view the Holocaust as a judicially known fact, which is beyond contest. Thus, motions by defendants in Holocaust denial cases to present witnesses supporting the nonexistence of the Holocaust will be denied. See Wandres, pp. 87, 105; Stein, pp. 290 f.
5. BVerfGE 90, 241, 248, Decision of 13 April 1994, Holocaust Denial Case = Decisions 620, at 626.