I don't know how good or bad the German definition of hate speech is, my point was more that even if there is or were no precise definition, it would still not be a huge problem. This just seems to be a rather popular misconceptions that laws require and are not useful without perfect definitions for everything. In reality there is a lot for variation, some things are totally nailed down, some things are intentionally left open to interpretation.
The justice system in Germany is operating completely different than the US justice system. While in the US precedent is one of the most important factors, German courts try to apply "common sense" (quite literally). Laws take this into account and leave a lot more wiggle room for the courts. Thus the laws in Germany occur strange to Americans that only know "if it's not explicitly forbidden, it's allowed".
