David Irving on trial for Holocaust denial

Well, today's the day. After all the waiting, it's finally here.

David Irving is going to stand trial for Holocaust denial in Austria today.

Those of you who have read my old blog a while know what a despicable human being I consider David Irving to be. He's clearly an anti-Semite, most famously having said that "more women died in the back seat of Edward Kennedy’s car at Chappaquiddick than ever died in a gas chamber at Auschwitz" and being known for repeating anti-Semitic doggerel. He's spent decades in essence falsifying history, denying that there were gas chambers at Auschwitz, that the the Nazis had a plan to systematically exterminate European Jewry. And, his pretentions otherwise notwithstanding, he is no champion of free speech. Indeed, when the historian Deborah Lipstadt referred to him as a Holocaust denier in a book, he waited until her book was released in Britain, which has the most plaintiff-friendly libel laws in Europe or the U.S., and then sued her there in 2000.

He lost and was humiliated. The final judgment found that Irving was indeed a Holocaust denier.

I do have to admit to feeling a fair amount of schadenfreude when Irving was arrested in Austria last November. Irving knew damned well that there was a warrant for his arrest for denying the Holocaust in a speech he gave in 1989. He even worried about it on his own website and took precautions before he left, such as leaving behind 60 signed blank checks and bringing eight shirts, even though he was only supposed to be in Austria for two days. He knew what he was doing and what risk he was taking.

Still, as an advocate of free speech, I found (and still find) the entire affair very troubling. Yes, Irving's views are odious. Yes, he has spent decades promoting Holocaust denial. Yes, in recent years he has associated with some really scary people on the far right. Yes, in the three speeches he gave in Austria, he told an audience in Leoben that Kristallnacht was carried out by "unknowns" dressed up as members of the SA; that Anne Frank could not have written her diary herself because the Biro wasn't invented until 1949; and that Hitler never gave an order to exterminate the Jews. He cited research by the discredited Fred Leuchter claiming that the Auschwitz gas chambers couldn't have been used to gas Jews because he couldn't find cyanide residues in the bricks. Yes, he asserted that "Auschwitz is a legend, just like the Turin Shroud" and that "the existence of witnesses proves that there was no mass extermination," among numerous other statements clearly denying the Holocaust.

Even so.

Upholding freedom of speech is not difficult in cases of views that are mainstream or that don't offend. Upholding freedom of speech is difficult in case like David Irving. The bottom line, as far as I'm concerned, is that Irving should not be in prison. Imprisoning him achieves nothing other than raising his stature and letting him plausibly don the mantle of free speech martyr. All it does is lead him to make such ludicrious "recantations" that he now believes there were gas chambers at Auschwitz:

His conversion, according to Irving, came in 1992 after his discovery of two documents - a discovery he kept to himself until recently. One was a radio message sent to Adolf Eichmann in 1943, reporting that during the previous 12 months more than a million people had died in Treblinka, Sobibor and Belzec concentration camps.

Odd that he never mentioned this before, even though he supposedly discovered it 13 years ago and especially since, as recently as 2005, he was still denying that there were gas chambers at Auschwitz. No one can see his sudden "conversion" as anything other than a transparent attempt to obtain leniency. If he is imprisoned for a harsh sentence (and the penalty for Holocaust denial in Austria can be as long as 20 years), he becomes a martyr. If he is released with time served, he will likely return to Britain and renounce his recantation. By arresting him and vowing to try him, Austria has placed itself in a no-win situation.

Of course, not all see it this way. Indeed, in The New Statesman was published an impassioned defense of jailing Irving and keeping him there, written by Roger Boyes. Too bad it's full of logical fallacies and poor reasoning typical of the arguments for suppressing free speech:

Even so, a courtroom is as close as most Holocaust deniers come to heaven. A captive audience, those chilly metallic blondes from CNN, the right to rant. Judging by his website, Irving is relishing his moment in the spotlight: even a lost court case represents a triumph of publicity for his malign deceptions on Hitler and his crimes. Hitler used his stint in jail to write Mein Kampf; for Irving, too, imprisonment is a kind of state-financed sabbatical.

Advocates of the absolute right to free speech say that Irving's obvious enthusiasm for courtroom confrontation is a powerful argument for letting him go. Take away the courtroom and you take away his theatrical props. Ignore him, and the netherworld of Irving and the unsavoury club of Holocaust deniers withers away, killed by our oppressive tolerance. He may be - no, he is - hopelessly and deliberately wrong but he has the right to proclaim his crazy views, just as we have the right to plug our ears with cotton wool.

Geez, talk about the fallacy of the excluded middle (a.k.a. the false dilemma)! We either have to jail Irving or ignore him? Are there no other options, such as, for example, speaking out against his lies and countering his lies and distortions with facts? And so what if Irving is "relishing the spotlight"? There wouldn't be any spotlight for Irving to relish if Austria hadn't arrested Irving in the first place. There wouldn't be a media circus with 50 television crews and the need for riot police to prevent protests by neo-Nazis.

The rest of the piece appears to consist of an argument that we must respect the "word" (whatever that means) and that the interests of Irving and other Holocaust deniers are are "merging with those of the anti-Semitic ideologists of Arab nationalism and Iranian theocratic rule." Boyes expresses concern that, "if Irving walks free from the Wien-Josefstadt Prison next week he will soon be packing his suitcase for the Holocaust conference in Tehran."

So what if Irving heads for Iran? That's not an argument to put him in jail for his speech, nor is it an argument to revoke the passport of the vile neo-Nazi Horst Mahler to prevent him from traveling to Iran, something Boyes refers to as "wise." The anti-Semitism and Holocaust denial of the Arab nationalist and Muslim fundamentalist regimes of the Middle East would still exist and be just as virulent without David Irving and his fellow deniers. It's not as though Irving would gain respectability by going to Iran's conference to question the authenticity of the Holocaust or that he in his disgrace after the Lipstadt trial could lend respectability to this farce of a conference.

Nonetheless Boyes concludes:

We are not making Irving into a martyr by jailing him. We (or the Austrians on our behalf) are making the world a little bit safer - and defining the limits of tolerance.

I propose a counterexample. I'd ask Boyes a question, given that he points out that the Irving case should reveal the "limits of tolerance." Who gets to decide what the "limits of tolerance" are for free speech? Let's take an example from the good old U.S.A.: the rabid far right winger Ann Coulter. She provides red meat rhetoric for extremists. Indeed, she uses eliminationist rhetoric, as David Neiwert (of Orcinus) has pointed out time and time again. She made an infamous statement after 9/11 in which she said about Muslim countries that we should "invade their countries, kill their leaders, and convert them to Christianity," not worrying about how many civilians we kill in the process. She most recently gave a major speech where she referred to Muslims as "ragheads" who need to "face consequences" if they "talk tough" and joked about killing Bill Clinton. Her speech was so foul that even Michelle Malkin (who, as you may recall, is best known for writing a book defending the mass internment of Japanese-Americans during World War II) felt obligated to offer up a rather tepid criticism of Coulter (while dismissing her remarks as Ann just "going for a cheap laugh").

Should Ann Coulter, as vile as much of what she says is, be thrown in jail for "hate speech"?

My guess is that Boyes would probably say "yes."

I say no. Our freedom depends on free speech, and one price for that freedom is tolerating offensive speech from people we don't like, no matter how much our dislike of them, what they say, and what they stand for might tempt us just to throw them in jail.

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Austrian prosecutors think Irving's jail term is too short: Austrian prosecutors have filed an appeal against the three-year prison sentence handed to the British historian David Irving, arguing that he escaped too lightly for the crime of Holocaust denial. Irving was left stunned and open-mouthed…
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Columbia University students including the College Conservatives and campus Democrats plan to protest a speech Wednesday by a professor who has written that Jewish organizations exploit the Holocaust to deflect criticism of Israel and to extort European banks and governments for compensation.

Norman Finkelstein, an assistant professor of political science at DePaul University in Chicago, wrote in his 2000 book "The Holocaust Industry: Reflections on the Exploitation of Jewish Suffering" that some Jews have used the Holocaust as an "extortion racket" to get compensation payments, and he has referred to Nobel laureate Elie Wiesel as the "resident clown" of the "Holocaust circus."

His most recent book, "Beyond Chutzpah: On the Misuse of Anti-Semitism and the Abuse of History," is largely an attack on lawyer Alan Dershowitz's "The Case for Israel." In it he argues that Israel uses the outcry over perceived anti-Semitism as a bully weapon to stifle criticism.

In an editorial in Columbia University's student newspaper, The Columbia Spectator, Columbia sophomores, Chris Kulawik and Josh Lipsky write the following: "Those who assume that Finkelstein is just another "controversial" speaker, one of many in Columbia's recent past, fail to grasp the absurdity that is Finkelstein. Taking a job at DePaul University after being fired by New York University for his ludicrous and factually inaccurate book, The Holocaust Industry, this "scholar" makes his living off of absurd statements that garner comfortable speaking engagements. At a recent speech delivered at Yale University, Finkelstein equated the Jewish concern over Holocaust denial with a "level of mental hysteria." Clearly, we must first question his very "professorship." Anyone who so blatantly disregards facts and vehemently supports the murder of innocent children is worthy neither of academia nor of the title of professor.

Well, what precisely is Mr. Finkelstein's crime? It is not that he is a Holocaust revisionist. It is not that he denies the right of the Jewish state to exist. It is not that he cheapened the lives of the millions of innocents lost to the concentration camps by equating their systematic murder to any other large disaster. No, his crime both includes and transcends these radical, depraved stances. Only months after Sept. 11, 2001, Finkelstein asserted his support of terrorism. In that 2001 interview, Finkelstein exclaimed, "Frankly, part of me says--even though everything since Sept. 11 has been a nightmare--'You know what, we deserve the problem on our hands because some things [Osama] bin Laden says are true.'"

It is this sentiment that forces students to take a stand against Finkelstein's unique blend of pure idiocy and potent evil. Columbia attempts to teach its students to respect all opinions, listen to all viewpoints, and embrace the free exchange of ideas. We will listen, but we will not let a petty ploy to incite tension and turmoil go unnoticed."

In defense of Professor Finkelstein, the Columbia Spectator also published the views of Arab students. Maryum Saifee and Athar Abdul-Quader who write, "Finkelstein's critics, most notably Alan Dershowitz, charge Finkelstein with anti-Semitism precisely because of his criticism of Zionism, i.e. criticism of the Israeli occupation and Israeli state-sponsored human rights abuses committed against Palestinians. This isn't the first time that a reputable scholar has been typecast as anti-Semitic for critical views against Israeli policies (see David Horowitz's The Professors: The 101 Most Dangerous Academics in America). Undoubtedly, anti-Semitism is an ugly, appalling form of bigotry that deserves universal condemnation. However, Zionism is a political ideology and must never be confused with the Jewish religion, culture, or population. Contrary to the anti-American label commonly placed on Finkelstein, his critique of political Zionism is precisely the type of controversial political discourse that is characteristically American and is analogous to the College Democrats' stimulating debate on the Bush administration.

Finkelstein is often met with accusations of Holocaust revisionism, generally associated with Holocaust denial. Finkelstein's book The Holocaust Industry is actually a critique of Holocaust revisionist arguments that privilege the Holocaust as exceptional in the historiography of genocide. Far from the Anti-Defamation League's claims that Finkelstein is a Holocaust denier, his proof is an unambiguous affirmation that the Holocaust did occur -- his parents are living proof of its horrors! -- noting that the tragedy of the Holocaust has since been ruthlessly exploited and commercialized into what Finkelstein outlines as an industry to promote Zionist interests."

In Norman Finkelstein's own words, he states, "The problem is when you get to the United States. In the United States among those people who call themselves supporters of Israel, we enter the area of unreason. We enter a twilight zone. American Jewish organizations, they're not only not up to speed yet with Steven Spielberg, they're still in the Leon Uris exodus version of history: the "this land is mine, God gave this land to me," and anybody who dissents from this, you can call it, lunatic version of history is then immediately branded an anti-Semite, and whenever Israel comes under international pressure to settle the conflict diplomatically, or when it is subjected to a public relations debacle, such as it was with the Second Intifada, a campaign is launched claiming there is a new anti-Semitism afoot in the world."

There is no question that Professor Norman G. Finkelstein is a self hating, viciously anti-Semitic Jew. One of his biggest supporters is David Irving, the Holocaust denier who was recently sentenced to three years in prison by an Austrian court for statements he made denying the veracity of the Holocaust. Despite the fact that Finkelstein in the son of Holocaust survivors, his vituperative and twisted and patently distorted logic is being embraced the world over by legions of devoted Jew haters.

We are told that a person can be honest, decent, moral and ethical without belief in G-d. We know that at the beginning of the 20th century, the false gods of education and culture began to replace the One true G-d of Israel. Jews began to believe that a moral and ethical person was one who was highly educated, one who attended the best of most prestigious universities and institutions of higher learning. We believed that an educated and cultured person was a moral person, who would never even entertain the notion of murder, of dishonesty and engaging in unethical practices.

At the beginning of World War II, that fallacy fell apart at the seams. For it was highly educated and extremely cultured German scientists who invented the gas chambers, who invented techniques to transform Jewish fat into soap and who discovered ways of making Jewish skin into lampshades. It was highly educated and cultured lawyers who devised and created laws that developed a society predicated on racism, fascism and xenophobia.

Let us never be fooled. "Reishis Chochma Yiras AdoShem". The beginning of wisdom is the fear and knowledge of G-d. Without that we have nothing. Without that, even highly educated and cultured people can and do engage in immorality, unethical conduct and become purveyors of lies, hatred, distortions, bigotry and Jew hatred. Professor Finkelstein is the personification of such evil.

By Fern Sidman (not verified) on 09 Mar 2006 #permalink