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Legal scholar Christoph Möllers argues art freedom protects antisemitic works unless they incite hatred

opinion-review · 2026-04-27

In two nonfiction books, German legal scholar Christoph Möllers defends the principle of artistic freedom, arguing that it extends to antisemitic art as long as it does not cross the threshold of incitement to hatred (Volksverhetzung), which would trigger criminal prosecution. His position is likely to displease those who reflexively dismiss accusations of antisemitism. The debate is particularly relevant in the context of the Documenta controversy.

Key facts

  • Christoph Möllers is a legal scholar.
  • He has published two nonfiction books on the topic.
  • He argues that artistic freedom applies to antisemitic art.
  • The limit is when the work constitutes incitement to hatred (Volksverhetzung).
  • At that point, the public prosecutor may intervene.
  • His position will not please those who reflexively reject antisemitism accusations.
  • The debate is connected to the Documenta controversy.

Entities

Artists

  • Christoph Möllers

Institutions

  • Süddeutsche Zeitung
  • Documenta

Locations

  • Germany

Sources