Limiting Free Speech (2): Holocaust Denial

In the introductory post of this series, I summarized the dangers of limiting free speech while at the same time granting that such limits are necessary in some cases. One case is Holocaust denial, or Holocaust revisionism as it is referred to by its supporters.

What is Holocaust denial?

Holocaust deniers only rarely claim that the Holocaust didn’t take place or that no Jews were killed by the Nazis. Rather, they claim that either or all of these facts are lies:

  • The Nazi government of Germany had a policy of deliberately exterminating the Jews
  • Over five million Jews were systematically killed by the Nazis
  • The extermination was carried out with tools such as gas chambers.

Instead of outright negation, there is trivialization. Moreover, Holocaust denial claims that the holocaust is a deliberate Jewish conspiracy created to advance the present-day interest of Jews and Israel.

Most historians and scholars reject Holocaust denial as a pseudo-science that fails to respect the rules of historical evidence and that is grounded in hatred rather than the pursuit of knowledge. Holocaust denial is characterized by the distortion or falsification of historical documents and the selective use of sources.

Holocaust deniers are mainly far-right, neo-nazi types and antisemites, but there are also far-left deniers, islamic deniers etc.

How can we justify the limits on free speech inherent in laws prohibiting Holocaust denial?

Nothing that went before is in itself sufficient to justify laws limiting the right to free speech of Holocaust deniers. According to the rules set forth in the introductory post in this series, one has to show that some rights are violated by Holocaust denial, and that this violation is worse than the violation of the rights of Holocaust deniers which would result from Holocaust denial laws.

There are a few possible kinds of justification:

1. Antisemitism

There is antisemitism inherent in Holocaust denial, although it is not necessarily obvious or immediately apparent. It is often implicit rather explicit antisemitism: the Holocaust is an invention of Jews, a tool to make them look like victims instead of criminals, and thereby gaining some sort of immunity for their vicious acts. Or a tool to make financial claims on Germany.

However, the mere antisemitism of Holocaust denial is not a sufficient reason to prohibit it. Antisemitism as such should enjoy the protection of the freedom of speech. Only when antisemitism explicitly incites to violence against or discrimination of Jews can it be forbidden. And Holocaust denial is rarely this explicit.

The offensive nature of Holocaust denial does undoubtedly inflict harm on Jews, especially the survivors of the camps, but no harm in the sense of rights violations. One could claim that Holocaust denial perpetuates and encourages antisemitism and therefore increases the likelihood of antisemitic attacks on individual Jews. But it would be a tough job establishing the causal links.

One could also claim that Holocaust denial perpetuates negative stereotypes in society, and thereby contributes to the marginalization of Jews. Again, difficult to prove.

In general, Holocaust denial is such a marginal phenomenon that it’s difficult to claim that it makes a substantive contribution to violence and discrimination. But in some countries or subcultures, the balance can be different.

2. Offensive speech

Justifying the prohibition of Holocaust denial merely on its offensive nature, would open the floodgates to a massive number of possible limitations of free speech, especially in the field of blasphemy. This would lead to an excess of political correctness and ultimately to “thought police”.

3. Libel

A justification based on the harm to the reputation of Jews would make Holocaust denial similar to libel. However, libel is traditionally designed to protect an individual’s reputation, income, and honor against abusive and harmful accusations. I fail to see how Holocaust denial can be directly harmful to individual Jews. Group defamation is highly controversial and could lead to the same problems cited in the previous point.

4. Democratic self-defense

Sometimes limits on rights are necessary to protect a rights-supporting community against anti-democrats who use democracy against democracy. A democracy is a particularly vulnerable form of government. The freedom it delivers can easily be misused by those who want to take it away. Anti-democratic and illiberal forces are free to use rights, freedoms and democratic procedures for the promotion of tyranny and oppression. The purpose of many holocaust deniers is the resurrection of Nazism, and a condition for this resurrection is the denial of the Nazis’ greatest crime. There can be no hope for acceptability of far-right policies as long as the Holocaust stands in the way. German Nazism, of course, is notorious for the way in which it misused the imperfect Weimar democracy.

Seen in this light, the criminalization of Holocaust denial is a self-defensive act of democracies in their struggle against extremism. Holocaust deniers use the freedoms of democracy in order to overthrow it. One cannot reasonably force democracies to abstain from self-defense. No system can be required to cherish the seeds of its own destruction.

To the extent that Holocaust deniers aim to overthrow democracy, they are hardly in a position to complain about limitations of the freedoms they would like to destroy:

One has no title to object to the conduct of others that is in accordance with principles one would use in similar circumstances to justify one’s actions towards them. A person’s right to complain is limited to violations of principles he acknowledges himself. John Rawls

You should not ask something for yourself that you are planning to deny to others. This, according to me, is the strongest justification of Holocaust denial laws, even in those countries were the revival of Nazism of highly unlikely. It may be unlikely precisely because of measures such as Holocaust denial laws.

5. The defense of Israel

Some extreme Islamists use Holocaust denial in their campaign against Israel. They hope that when they negate the Holocaust, they can remove one of the moral foundations of the state of Israel (as a refuge for the survivors). This negation, they hope, can help their efforts to destroy Israel.

However, whereas this justification may be useful in some circumstances, it is difficult to use it for an outright, worldwide prohibition on Holocaust denial since Holocaust denial outside of the Middle East can hardly be linked to the possible destruction of Israel.

6. The special case of Germany

In Germany, there may be an additional justification available. Holocaust denial laws can there be seen as part of a package of reparative justice, a kind of “sorry” issued by the state, a public acknowledgment of responsibility.

7. The interest of historical truth

Whereas truth is very important, it seems wrong to use laws to enforce the truth. Truth should be based on proof and sound argument, and using the law to punish “lies” only encourages those who believe the lies. They, and others as well, will think that there must be something wrong with the “truth” if it needs the law for its protection.

Conclusion

There is a case to be made for Holocaust denial laws, but one should be very careful and limit the prohibitions to cases and circumstances that really require them. Not all forms of Holocaust denial is equally pernicious, and not all circumstances are equally dangerous. Moreover, one should take into account the counterproductive effects of stigmatizing a certain group: persecution by the law can encourage them, can increase the number of sympathizers, and can give them more publicity than they would otherwise receive. Ignoring Holocaust deniers rather than criminalizing them could often be the most successful strategy. And some justifications should be avoided because they can create a dangerous precedent.

Countries with laws against Holocaust denial

Holocaust denial is explicitly or implicitly illegal in 13 countries: Austria, Belgium, Czech Republic, France, Germany, Israel, Liechtenstein, Lithuania, Luxembourg, Poland, Portugal, Romania, and Switzerland (source: here or here).

16 thoughts on “Limiting Free Speech (2): Holocaust Denial”

  1. The people who deny The Holocaust must be Nazi sympathisers . Very little 16 mm projector reel footage of The Holocaust was filmed by the Nazis . Most extermination camp 16 mm footage was filmed was taken by camp liberaters who were absolutely …….. sickened .

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  2. I don’t think the holocaust was a lie but other things happened which are never talked about so it’s just another example of how Israel has the US wrapped around it’s finger.

    The Jewish people are victims in amongst all the political [zionist] agenda so it’s nothing to do with Judaism, it’s purely an animalistic race for power and its driven by greed.

    Israel has no right to be around, it is a country built on murder, rape and the killing of innocent civilians. The land itself should be divided, sure, but the country of Israel is a farce.

    Europe couldn’t be bothered keeping the victims in their own area so they plonked them off over there and decided to make things worse by kicking the existing people out. How’s that for human rights?

    Freedom of speech is bullshit anyway – no one can say what they mean. So what if you deny something – if it’s true then people shouldn’t be so paranoid. It’s not like denying it will make it disappear.

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  3. I don’t deny the holocaust and I’m not an anti-semitist (I love Jews). What I do deny, however, is the right of the country of Israel to exist ’96’a0especially in the way it currently does.

    What I do deny is the ability to accept the insane amounts of human rights being scrapped and put aside when it comes to the Palestine-Israel conflict.

    It’s just a whole new holocaust really. As if it’s alright as long as they’re not on the receiving end. Sure, there’s no ‘gas chambers’ but there’s a whole lot of chemical warfare, bombs, guns , missiles, raped women and orphaned children.

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  4. No event in human history has been studied more thoroughly and carefully than the Holocaust. Thousands of thesis and dissertations papers have poured over mountains of data, from physical evidence and anecdotal testimony to captured German war documents. Virtually everyone with a PhD in History will stake their career on the fact that millions of Jews were systematically exterminated by Nazi Germany. One can no more “revise” this fact than one can revise the existence of gravity. Wannsee Conference records prove that Nazis planned the extermination of Jews as, “The Final Solution.” German concentration camp records prove that it was carried out.

    Whenever we stand up to those who deny or minimize genocide we send a critical message to the world. As we continue to live in an age of genocide and ethnic cleansing, we must repel the broken ethics of our ancestors, or risk a dreadful repeat of past transgressions.

    Holocaust deniers ply their mendacious poison everywhere, especially with young people on the Internet. Deniers seek to distort the truth in a way that promotes antagonism against the object of their hatred, or to deny the culpability of their ancestors and heroes. If we ignore them, they will twist the minds of countless young people, creating a new generation of those who deny the facts of the worst episode of genocide in history. Freedom of speech and the press is a symbol of a healthy society. Yet, since no crime in history is so heinous as the Holocaust, its memory must be accurately preserved, to protect our children and grandchildren.

    Museums and mandatory public education are tools to dispel bigotry, especially racial and ethnic hatred. Books, plays, films and presentations can reinforce the veracity of past and present genocides. They help to tell the true story of the perpetrators of genocide; and they reveal the abject terror, humiliation and degradation resulting from blind prejudice. It is therefore essential that we disclose the factual brutality and horror of genocide, combating the deniers’92 virulent, inaccurate historical revision. We must protect vulnerable future generations from making the same mistakes.

    A world that continues to allow genocide requires ethical remediation. We must insist that religious, racial, ethnic, gender and orientation persecution is wrong; and that tolerance is our progeny’s only hope. Only through such efforts can we reveal the true horror of genocide and promote the triumphant spirit of humankind.

    Charles Weinblatt
    Author, “Jacob’s Courage”
    http://jacobscourage.wordpress.com/

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  5. I wish the Holocaust Deniers would add some logic and intelligence to their posts. 5 000 holocaust photos do not assist them in any way. Old newsreels of 1945 concentration camp liberation scenes are equally ignored. If you mention Hitler robbed a German bank note printers in Munich to pay the Brownshirt’s wages that week your disbelieved, nor can you mention that the Aryan protector Joseph Goebell’s had a club-foot birth deformity, or the original old blue eyes; Heydrich was thrown out of the Germany Navy.

    I personally like the argument that the Jews want to rule the world (I mean it sound quite fair and democratic and very sporting of them to take on such a task after the UN failures) but, and it’s a problem, the deniers never inform us how to find the World Jewry headquarters, or whether bus tours are allowed to visit it, or if you can apply for a ‘World Ruler Membership Form Online’, ditto the banks, ditto the film studios, ditto the press, It seems to me it’s not very business like of the deniers to not want to cash in on their sole and exclusive news stories. So couldn’t some Jewish person help them out by offering to act as their Press Agent, by introducing them to some publisher, Stern Magazine for instance, and by doing so we give the National Enquirer some real competition.

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