This is not "yelling fire in a crowded theater", in any way, shape, or form. That theory is used incessantly to justify suppression of speech. In this case, it is being used to *intentionally suppress political speech that is not in accordance with the current government position*, which is the sort of speech that requires the most protection.
Germany's history of anti-semitism is not the issue. If you examined the history of anti-semitism of Germany, it's hardly any different in theory from anyplace els - anti-semitism has been a recurring theme throughout history.
What *is* different is their history of oppression that led to the most appalling - and efficient - attempt at genocide in human history. The root of this was permitting repression in favor of the government, leading to a dictatorship. This allowed thugs with delusions of racial superiority to take over.
The Germans are *dead wrong* to criminalize speech, because as soon as you do, you permit someone else to decide what "hate" means - just like 1933.