CEU Electronic Theses and Dissertations, 2017
| Author | Boley, Charla Marie |
|---|---|
| Title | Holocaust Denial Cases and Freedom of Expression in the United States, Canada and the United Kingdom |
| Summary | Freedom of expression is an internationally recognized fundamental right, crucial to open societies and democracy. Therefore, when the right is utilized to proliferate hate speech targeted at especially vulnerable groups of people, societies face the uncomfortable question of how and when to limit freedom of expression. Holocaust denial, as a form of hate speech, poses such a problem. This particular form of hate speech creates specific problems unique to its “field” in that perpetrators cloak their rhetoric under a screen of academia and that initial responses typically discard it as absurd, crazy, and not worth acknowledging. The three common law jurisdictions of the United States, Canada, and the United Kingdom all value free speech and expression, but depending on national legislation and jurisprudence approach the question of Holocaust denial differently. The three trials of Holocaust deniers Zundel, Irving, and the the Institute for Historical Review, a pseudo academic organization, caught the public’s attention with a significant amount of sensationalism. The manner in which the cases unfolded and their aftermath demonstrate that Holocaust denial embodies anti-Semitism and is a form of hate speech. Furthermore, examination of trial transcripts, media response, and existing scholarship, shows that combating denial in courtrooms can have the unintended consequence of further radicalizing deniers and swaying more to join their ranks. As an international movement, Holocaust denial requires a layered and consistent response by states. Appropriate responses should focus on public education that recognizes Holocaust denial as a form of hate speech and manifestation of anti-Semitism. Public education focuses on education and the promotion of inclusive societies may be an alternative to the courtroom and in the very least must accompany legal action. |
| Supervisor | Petrovic, Vladimir |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2017/boley_charla.pdf |
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