As for our Constitutionally protected free speech, we have a law, sanctified by the Scotus blackrobes, that proscribes what we can print about politicians just before elections. IMO, McCain/Feingold is a bigger threat to the people's free speech rights than the German laws regarding anti-semitism.
I'll try to paraphrase your thinking: it's OK that Germans don't have free speech because McCain and Bush and five Supreme Court justices have attacked free speech in America. I completely reject that. The Germans are wrong and McCain is wrong. I trust you've heard the aphorism two wrongs don't make a right.