Weeeeeell .. to counter that argument there is pimmelgate. I know it was not legit, but they searched his house, even after he was at the police station and confessed.
That leads to selv censorship, even if what you did was legal.
Yes, I think I am with you. That search should not have happened (and consequently was ruled unlawful by a court afterwards). But it should not have happened in the first place.
I hope (but do not know) that in the Schwachkopf-case, they just took the shortcut via insult instead of opening an investigation for the Nazi stuff.
But we don’t know that.
I believe, that we can express our opinions and discuss them without insulting people (in the legal sense).
And I hope, that prosecutors do not lightly investigate each Schwachkopf they find on the internet.
And for all the other cases, the courts need to be involved.
That leads to selv censorship, even if what you did was legal.