Well, yeah. The point is neither does Germany today.
> In East Germany and Nazi Germany, people were persecuted and killed without being brought to trial and facing justice.
Whereas being arrested, tried and merely jailed for something you say, as happens in Germany (and Austria), is your idea of justice and not being persecuted?
BTW, don't try to make out this is an argument about today's Germany being as unsophisticated and brutal as Nazi Germany or East Germany. Obviously it isn't.
This is solely about the principle of free speech: you either believe in someone's right to say what they want or you don't. You can't just sometimes believe in it.