"Die Protokolle der Weisen von Zion" - Dokumente Allgemein II

The file contains documents concerning the 'Protocols of the Wise man of Zion' and the Bern trial. They are dated from 1935 to 1937 and cover the entire spectrum of information concerning the 'Protocols' starting from 1935. On May 19th, 1935, two defendants (Theodore Fischer and Silvio Schnell) were convicted of violating a Bernese statute prohibiting the distribution of "immoral, obscene or brutalizing" texts while three other defendants were acquitted. The court declared the 'Protocols' to be forgeries, plagiarisms, and obscene literature. On November 1st, 1937, the defendants appealed the verdict to the Obergericht (Cantonal Supreme Court) of Bern. A panel of three judges acquitted them, holding that the 'Protocols', while false, did not violate the statute at issue because they were "political publications" and not "immoral (obscene) publications (Schundliteratur)" in the strict sense of the law. The presiding judge's opinion stated, that the forgery of the 'Protocols' was not questionable and expressed regret that the law did not provide adequate protection for Jews from this sort of literature. The court refused to impose the fees of defense of the acquitted defendants to the plaintiffs, and the acquitted Theodor Fischer had to pay 100 Fr. to the total state costs of the trial (Fr. 28'000) that were eventually paid by the Canton of Bern. This decision gave grounds for later allegations that the appeal court "confirmed authenticity of the Protocols" which is contrary to the facts.