Abstract

Symbols of the past influence the present, very often dependent on the will of those who currently “weave the story,” to use the expression coined by Olga Tokarczuk.1 This applies in particular to national symbols, burdened by historical trauma, whose rank and protection may become handy tools for controlling social and public narratives. In this context, it is the law itself, with its special category of memory laws, that very often turns out to be instrumentally used by the state apparatus to strengthen such narratives. In times of social peace, this kind of state-governed manner of how we remember and perceive symbols remains imperceptible. However, in times of turmoil, symbols can serve as legal weapons against rights and freedoms. Then, the protection of the national anthem or emblem, monuments or graphics may be turned into the de facto protection of the state against its critics. Labelling themselves as the guardians of “historical truth,” the authorities tend to secure the orthodox vision of the past. Importantly, this vision very often remains distant from the official findings of historians. It was exactly in such an ideologically and nationalistically burdened social atmosphere in Poland when Jaś Kapela, Polish poet and activist, decided to perform publicly his protest song. He did so by changing the official wording of the Polish national anthem into a pro-refugee appeal and broadcast it on YouTube, which eventually brought him before Polish courts, including the Supreme Court.

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