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Unpublished Paper
Free Speech and Holocaust Denial
ExpressO (2008)
  • Russell L Weaver, University of Louisville
Abstract
Even though no reputable historian denies the existence of the Holocaust, or the six million deaths that resulted, Holocaust denial is on the ascendance. The British Broadcasting Company has suggested that Holocaust survivors are aging and dying off, thereby resulting in more efforts to deny that the Holocaust ever really occurred. In addition, the development of the Internet, and the ease with which it can be accessed, has made it easier for Holocaust deniers to communicate with themselves and others. As one commentator noted, “hate has gone high tech. Hatemongers used to meet in dingy basements; now they meet online. And instead of sending their propaganda in plain brown wrappers to a limited audience, they use the Internet to distribute graphic racist images, Holocaust denials, and venomous music around the globe.” Whatever the reason, Holcaust deniers abound. In England, Richard E. Harwood’s pamphlet Did Six Million Really Die? dismisses the Holocaust as “mythology” and as a “colossal piece of fiction,” and denounces The Diary of Anne Frank as a hoax. In France, Robert Faurisson, a historian, has alleged that Holocaust affirmations “bear the mark of Jewish neurosis and excessiveness” and “look sure to finish one day in the rubbish bins of history.” Also, in England, historian David Irving denied that the Holocaust occurred and sued historian Deborah Lipstadt for defamation when she challenged the veracity of his allegations. Holocaust deniers sometimes maintain their own websites setting forth their denunciations and denials. Today, a number of countries have enacted laws prohibiting and criminalizing Holocaust denial. In Europe, denial laws have been enacted by Austria, Belgium, Czech Republic, France, Germany, Lithuania, Poland, Slovakia and Switzerland. In addition, the European Union has adopted legislation criminalizing Holocaust denial, but allowing member states not to enforce the ban if their own laws do not prohibit denial. The European Union’s mandate provides for jail terms of up to three years for intentional violations that incite racial hatred based on race, color, religion, descent or national or ethnic origin, or that incite violence by "denying or grossly trivializing crimes of genocide, crimes against humanity and war crimes." Israel also prohibits Holocaust denial. This article examines the French law on Holocaust denial with a particular focus on recent prosecutions of prominent French individuals (often members of the National Front). In addition, it gives American and French perspectives on the Holocaust denial problem and the French prosecutions. As we shall see, the French approach to Holocaust denial is very different than the U.S. approach, and these differences led to quite different positions regarding the validity of Holocaust denial laws.
Keywords
  • Free Speech,
  • Hate Speech,
  • Human Dignity,
  • Comparative Law
Publication Date
October 13, 2008
Citation Information
Russell L Weaver. "Free Speech and Holocaust Denial" ExpressO (2008)
Available at: http://works.bepress.com/russell_weaver/3/