In May 1945, immediately after the end of World War II in Europe, there was, in response to the historical unique National Socialist genocide, a constitutional law adopted in Austria the National Socialism Prohibition Law.Over decades this law and its legitimization from the point of view of legal policy were discussed in different forms and different intensity. There also is a close connection to the discussion about the so called ‘militant democracy. Furthermore, the persistent problem of right-wing extremism, neo-Nazism and anti-Semitism in Austria seems to be relevant. The recent debate was mainly caused by the detention of the British denier of the Shoa David Irving in the year of 2005 and focuses on the prohibition of denying, downplaying, approving as well as justifying the Shoa and its tension to right to freedom of opinion. This discussion about the National Socialism Prohibition Law from the point of view of legal policy takes place on the party political as well as on a civil society level. The positions of the Austrian political parties refer to press releases and statements to the media. The characterization of the discussion in civil society comes from commentaries in print and online media as well as user-statements in online forums. Arguments in favor of and against the abolition of the National Socialism Prohibition Law are part of the analysis.