NIX v. GERMANY DECISION 9 Article 86 [Dissemination of propaganda material of unconstitutional organisations] “(1) Whosoever within Germany disseminates or produces, stocks, imports or exports or makes publicly accessible through data storage media for dissemination within Germany or abroad, propaganda material 1. of a political party which has been declared unconstitutional by the Federal Constitutional Court or a political party or organisation which has been held by a final decision to be a surrogate organisation of such a party; 2. of an organisation which has been banned by a final decision because it is directed against the constitutional order or against the idea of the comity of nations or which has been held by a final decision to be a surrogate organisation of such a banned organisation; 3. of a government, organisation or institution outside the Federal Republic of Germany active in pursuing the objectives of one of the parties or organisations indicated in Nos 1 and 2 above; or 4. the contents of which are intended to further the aims of a former National Socialist organisation; shall be liable to imprisonment not exceeding three years or a fine. ... (3) Paragraph 1 above shall not apply if the propaganda material or the act [in question] is meant to serve civil education, to [combat] unconstitutional movements, to promote art ..., science, research or teaching, to report on current or historical events, or [to serve] similar purposes. (4) If the guilt is of a minor nature, the court may order a discharge under this provision.” Article 86a [Using symbols of unconstitutional organisations] “(1) Whosoever 1. domestically distributes or publicly uses, in a meeting or in written materials (section 11(3)) disseminated by him, symbols of one of the parties or organisations indicated in Nos 1, 2 and 4 of Article 86 § 1; or 2. produces, stocks, imports or exports objects which depict or contain such symbols for distribution or use in Germany or abroad in a manner indicated in No 1, shall be liable to imprisonment not exceeding three years or a fine. (2) Symbols within the meaning of paragraph 1 above [means] in particular flags, insignia, uniforms and parts thereof, slogans, and forms of greeting. Symbols which are so similar as to be mistaken for those named in the first sentence shall be [deemed to be] equivalent to them. (3) Article 86 §§ 3 and 4 shall apply mutatis mutandis.” 30. In its judgment of 18 October 1972, no. 3 StR 1/71 I, the Federal Court of Justice clarified the substance of Article 86a of the Criminal Code. Its purpose is to prevent the revival of prohibited organisations or the unconstitutional ideas pursued by them. The provision also serves to maintain political peace by avoiding any appearance of such a revival, as well as any perception on the part of domestic or foreign observers of