In the legal fight over an alleged Hitler salute on a campaign poster aimed at queer people, Wilko Möller, a Brandenburg AfD member of the state parliament, suffered a setback at Karlsruhe’s Federal Court of Justice (BGH). The 3rd Criminal Senate in Karlsruhe found no legal error harming the politician upon review of a ruling by the Frankfurt (Oder) State Court. It therefore rejected the defendant’s appeal on October 13, as the BGH announced. “The judgment is now final.” (Az. 3 StR 315/26)
The deputy had, according to the announcement, used a campaign poster in 2024 in which an arm gesture that is almost indistinguishable from the “Hitler salute” could be seen. “On the poster designed by an advertising agency, a man and a woman are shown standing with their upper bodies turned toward each other, and with their arms angled upward to form a roof over three children sitting on a sofa,” the description read.
Although the defendant recognized the similarity of the phototechnically altered arm pose of the man, he ordered the printing of roughly 50 copies of the poster and had them posted up in Frankfurt (Oder).
The text on the poster read: “We protect your children.” With slogans like “Protect children,” the AfD and other far-right groups frequently mobilize against queer people, whom they claim pose a danger to children.
The district court had in February convicted the state parliamentarian and former mayoral candidate of a fine of 11,600 euros — 100 daily installments of 116 euros — for using symbols of unconstitutional organizations under Paragraph 86a of the German Criminal Code. The law allows a fine or imprisonment of up to three years. With more than 90 daily installments, the conviction is entered in the police clearance certificate — which means Möller is deemed a first-time offender in terms of the record.
Möller had rejected the accusations and appealed. “In our firm conviction, the decision will not withstand legal scrutiny,” Möller’s lawyer Hans-Christoph Jahr quoted at the time. State party leader René Springer questioned the independence of the judiciary: This case isn’t about a poster; it’s about the AfD.
AfD equates federal German judiciary with DDR-era injustice
This line of reasoning was taken up by the Brandenburg AfD, which saw itself as a victim of Germany’s postwar justice system following the first ruling — as is often the case — and issued a press release in February from state chairman René Springer calling it a “political show trial” and arguing: “This isn’t about a poster. It’s about the AfD. The entire process reminds us of how opponents were treated in East Germany. This verdict severely erodes trust in the independence of our judiciary.”
To the Brandenburg regional broadcaster, Möller had claimed that he did not recognize the poster’s reference to the Third Reich: “I can’t understand that this is a Hitler salute, especially since the image was produced by a media agency and we bought it. You have to use imagination,” said the former federal police officer.
