I don’t speak German, but it sounds like what happened is that a lawyer pointed out that liking that post could be illegal under new laws, and is trying to get it struck down. So yes ‘could’ is carrying a lot of weight in this case.

And to be clear I’m as left as possible and anti-authoritarian, I just fail to see how being a massive racist and calling for people to be killed (and how to hide your identity, in posts following it) and then forwarding those messages to the police is somehow a Big Brother situation.