The Polish criminal code, similarly to criminal codes in other European countries, prohibits incitement to racial hatred; public insult due to race, national, ethnic or religious origin; as well as public propagating of National Socialist and Fascist systems. Those who oppose the penalisation of words – including racist and xenophobic words – will most probably not approve of the situation in which it is possible to obtain a 3-year jail sentence for shouting “Hitler should have finished his work.” But the European system of human rights protection, founded on the rubble of a Europe devastated by the Holocaust and totalitarian regimes, applies legal measures for counteracting racism which constitute part of the concept of the “militant democracy”. Białystok and Wrocław are big Polish cities where racism, anti-Semitism and the activities of extreme right-wing organisations are very visible. In those cities, in the last few months, disquieting and for some even frightening decisions have been passed by the prosecutors and judges. In the case of Wrocław, a judge has absolved of the blame of offending due to racism and calling to hatred due to racism a group of activists from National Rebirth of Poland, whose slogans and calls constitute the purest form of racism one could imagine. The judge’s explanation was shocking indeed: he stated that the opinions of those prosecuted are merely a proof of their fascination with the theory of “the preservation of separation in the rich mosaic of races,” developed by Arthur Gobineau, the author of “An Essay on the Inequality of the Human Races”, whose main ideas were borrowed by Hitler and Nazism. If this very fact constitutes in the judge’s opinion an excuse for calls such as “Blacks to Africa,” we need to consider if the judge himself is not, by any chance, fascinated by the “mosaic of unequal human races”? Not long afterwards, one of the Białystok prosecutors who received a notice of the crime committed by unknown perpetrators who painted swastika symbols on the buildings in public spaces, decided that the case needed to be abandoned because the swastika can of course be a symbol of National Socialists, but in fact should be seen as a symbol of happiness and wealth in the Asian culture (!). It is possible that neo-Nazis, who probably painted those swastikas, were themselves outraged by the fact that they were propagating Asian culture, which, as any other “under-culture”, they abhor. A question arises again: is the prosecutor aware of the scale of the problem of racism in his own city? Does he know of the devastations of synagogues, setting the flats of foreigners on fire, neo-Nazi marches? Did his history teachers at school not tell him what the swastika after the Second World War means in our part of the world? Has he ever heard of the crimes committed under the swastika symbol in Poland by the Nazis? Unfortunately, more such decisions of prosecutors and court sentences have come down in Poland. I would even consider if it makes sense to maintain certain regulations of the criminal code if they are ridiculed in such a way? On the other hand, it happens more and more frequently that courageous and reasonable judges and prosecutors openly call racism and anti-Semitism by their names. They should be the ones who possess tools to punish racists and anti-Semites. The opponents of punishing for words will certainly not accept this argument, but considering the situation from the Polish perspective, a clear and unambiguous voice of a prosecutor or a judge on the issues connected to the racist hate speech is a particularly important signal for the society and has an educational value. It is a shame that certain representatives of the system of justice in Poland do not feel responsible enough to stop and think for a moment before referring to the theories of inequality of races or the role of the swastika in Asian culture.