Is Revisionism Legal?
From Ingrid Rimland
Good Morning from the Zundelsite:
Below is some basic information on the severe consequences for revisionists questioning any aspect of the so-called "Holocaust." I don't know the writer of this summary, but I consider its content essentially correct.
From Refutinator
Is Holocaust Revisionism Illegal?
In the United States, it is covered by the First Amendment, like every peaceful, scholarly speech, which means that it is perfectly legal to voice, write, publish revisionist views. Things are quite different, however, when we turn to Canada, Australia, or even several countries in Europe.
In Australia and Canada, everything that is offending to the Jewish community will be prosecuted by their so-called "Human Rights Commission", a body which exists parallelly to the legal system and which can order the confiscation of publications, the payment of fines, and the forced declaration of apologies by the 'perpetrators.' Though these commissions are not part of the regular legal system, disobeying them would by itself be a crime which in turn would lead to criminal charges by the legal systems of Canada and Australia. Although Holocaust Revisionism does not address anything about Jews per se, all Jewish communities feel heavily offended by it, because Revisionism directly or indirectly comes to the conclusion that several Jewish personalities were not always truthful when testifying about their experiences in World War II. Of course, it would be surprising if Jews were to be the only identifiable group of humans who never lie, distort, and exaggerate, but apparently leading Jewish representative feel that nobody should ever be allowed to claim that certain Jews were dishonest about the Holocaust.
In several European countries, Holocaust Revisionism is considered to be a serious crime. In France, people can be sent to jail for up the a year; in Switzerland up to three years; in Germany--as in Israel--for five years; in Austria, a prison term up to 10 years is possible.
However, if we look into the legal situation, we must insist that theoretically, Holocaust Revisionism should be perfectly legal in all these countries. This is so because all these nations signed the United Nations Declaration of Human Rights, which makes these Human Rights binding on all these nations. Freedom of speech can be limited only in cases of insult or incitement to criminal acts, but freedom of scientific research and peaceful speech can never be limited--theoretically. For this reason, a recent comprehensive German doctoral dissertation on the "Punishment of the Auschwitz Lie" (Die Strafbarkeit des Auschwitz-Leugnens) came to the conclusion that Holocaust Revisionism itself can not be legally repressed: it would violate basic human rights.
Letter of Public Prosecution Chemnitz (Saxony): Everybody who is politically on the right is a Nazi. And since obviously one half of the population is right of the middle and the other half left of it, 50% of all Germans are by public definition Neo-Nazis. (Click on document to enlarge)
In practical terms, however, the situation is quite different in Europe. As a matter of fact, the answer must be "yes;" Holocaust Revision is indeed illegal in many countries in Europe. Since the middle of the 1980s, and particularly since 1995, Holocaust Revisionists have been punished with large fines and prison terms for no other reason than disputing the official version of the Holocaust, both orally and in literature. The courts and the media join forces to slander nonconforming critics and scientists as "Auschwitz Deniers" or "Holocaust Deniers." (reference to come: Human Rights Section in The Revisionist)
Let us examine Germany as the most powerful persecuting nation. The basis for official repression in Germany is Paragraph 130 of the German Penal Code, which flagrantly violates both the United Nations Declaration of Human Rights and Article V of the German Constitution. Under Article 3 of Paragraph 130, denial of National Socialist mass murder is punishable with up to five years imprisonment and "denying" is defined as "insinuating untruth in view of better knowledge." The Penal Code thus implies that everyone is convinced of the truth of the official concept of history; and so anyone who might express doubts or a contrary opinion, is intentionally lying with criminal intent, or that s/he is insane. It is also a punishable offense to present scientific evidence before the Court which would cast doubt on the official version of Holocaust. O brave new world that hath such laws in it!
It is not Holocaust Revisionism which is unlawful, it is the procedure of the German courts. Unfortunately, the courts have the power. The same situation prevails in Austria and Switzerland. In France, things aren't quite as bad, since so far, no unsuspended prison term was ever handed down.
For over ten years now, the German government has been busily burning books again, primarily revisionist books. In addition, around ten to fifteen thousand Germans are being prosecuted for thought crimes each and every year! Please refer to the survey article on censorship in Germany.
The document reproduced and translated in the box to the right illustrates, just how serious the situation has become: German officialdom and media classify everything which is to the right of the political middle, including simple old fashioned conservatives and patriots, without differentiation, as "right wing," "right wing radical," "right wing extremist" and "neo-Nazi"; and no differentiation has been made in a long time. One is tempted to support the repression of Neonazis, who are depicted in the media as brutal and disgusting. However, you must consider this: whoever blithely agrees that Neonazis should be prosecuted solely on account of their deviant opinion, should not complain if he is slandered as Neonazi and persecuted because a neighbor denounces him for waving a national banner or singing the national anthem. Because that is exactly what is happening in Germany: Those who express plain normal patriotic feelings, as it is quite common and considered normal in the U.S., are considered to be Neonazis in Germany--so far to the left has the political spectrum drifted there.
Everybody has the duty to protest the persecution of unconventional thinkers. This is true not only if persecution comes from a dictatorship, but also if it emanates from a constitutional [ending cut off]
"These Holocaust deniers are very slick people.
They justify everything they say with facts and figures."
--Steven Some, Chairman of the New Jersey Commission on Holocaust
Education. The Newark Star-Ledger of 23 Oct. 1996 (p 15)



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