Duuuh, your post is confusing. Since Germany has civil law, offenses have to be specifically defined in statutes. Which is the exact contrary of your "it doesn't" in the first part of you post. The second part is more accurate, but comes in almost perfect contradiction to the first.
Disclaimer: my German is rusty and IANAL, so I don't know how much leeway German courts have to apply established laws to individual cases, nor to which extent the notions of jurisprudence constante and doctrine apply in Germany.
Or maybe it could be said that yelling "fire" in a crowded movie theater objectively causes risk of harm due to panic, but that it can be deemed as necessary if there actually is a fire.
You know, just like some people have a legal pass for stabbing you with sharp objects under some circumstances.
I mean, I'm fundamentally against death penalty and I have a wide range of arguments for that, but if someone ended up shooting the Prenda guys my reaction would be somewhat similar to how I felt about Osama Bin Laden being shot down by CIA operatives: I wouldn't think "Justice Has Been Done" by any stretch, but I wouldn't shed a tear either.
Seriously, though: imprisonment for slander? You're full of shit.
It's really a matter of reputation. Google's business model turned out to be largely relying on their being Open Source friendly. With this pledge they reinforce this image. If they betray this image, the backdraft could be painful. Probably not fatal, but painful.
I'm really as defiant as the next guy about Google's behaviour, and I don't take at face value their motto of not doing evil, but on the matters of IP they seem to have been consistently opposed to maximalism, and have supported many open stuff. I watch them closely on data privacy matters, but in most other issues I find their position decent - so far.
People can have whatever party they want and call it a marriage, truth is that these people will still have to go to somebody authorized to handle that administrative part of a marriage.
In France, any marriage has to be handled by a mayor in order to be officially recognized. Whatever party or religious ceremony people want to have is completely besides the point.
This makes it unnecessary for the government to put into law what is a religion and what isn't. As such, separation of Church and States works as a separation of concerns.