CENSORSHIP
PAGE I
WHAT ARE "THEY" SO AFRAID OF?
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GIVING
THE DEVIL HIS DUE: HOLOCAUST REVISIONISM AS A TEST CASE FOR FREE SPEECH AND THE
SKEPTICAL ETHIC
World
Wide Demonstrations against NPD Ban
Return to
the Dark Ages
(March, 2001)
Censorship is
on the rise. Is it coming to America?
by Jared Taylor
Americans
think of Europeans as essentially like themselves. They believe European
societies are like their own-rooted in the rule of law, freedom of religion,
democratic government, market competition, and an unfettered press. In recent
years, however, Europeans have given up an essential liberty: freedom of speech.
It is true that in the United States prevailing orthodoxies on some questions
are ruthlessly enforced but it is still legal to say just about anything. Not so
in much of Europe. In the last decade or so countries we think of as fellow
democracies-France, Germany, Switzerland and others-have passed laws that limit
free speech for the same crude ideological reasons that drove the brief,
unsuccessful vogue of campus speech codes in the United States.
Today in Europe there are laws as bad as anything George Orwell could have
imagined. In some countries courts have ruled that the facts are irrelevant, and
that certain things must not be said whether they are true or false. In others,
a defendant in court who tries to explain or defend a forbidden view will be
charged on the spot with a fresh offense. Even his lawyer can be fined or go to
jail for trying to mount a defense. In one case a judge ordered that a
bookseller's entire stock-innocent as well as offending titles-be burned!
Just as Eastern Europe is emerging from it, Western Europe has entered the
thought-crime era, in a return to the mentality that launched the Inquisition
and the wars of religion. It is a tyranny of the left practiced by the very
people who profess shock at the tactics of Joseph McCarthy, an exercise of raw
power in the service of pure ideology. The desire not merely to debate one's
opponents but to disgrace them, muzzle them, fine them, jail them is utterly
contrary to the spirit of civilized discourse. It is profoundly disturbing to
find this ugly sentiment codified into law in some of the countries we think of
as pillars of Western Civilization. At the same time, these laws cannot help but
draw attention to the very ideas they forbid. Truth does not generally require
the help of censors.
There are two subjects about which Europeans can no longer speak freely. One is
race and the other is Nazi Germany. "Anti-racism" laws generally take
the form of forbidding the expression of opinions that might stir up
"hatred" against any racial or ethnic group. In some countries, it is
now risky to say that genetic differences explain why blacks have, on average,
lower IQs than whites or to say that non-white immigration should be prevented
so as to preserve a white majority. There are probably parts of every issue of American
Renaissance that could be banned in some European country, and we have an
obvious interest in opposing censorship of this kind.
Far more prosecutions have taken place, however, in connection with what is
called "Holocaust revisionism" or "Holocaust denial." This
appears to cover any skepticism about the generally-accepted view that the Nazis
had a plan to exterminate Jews and managed to kill some six million, mostly by
gassing. There is considerable variety in the laws that forbid disagreement on
this matter (see sidebar, page 6), but the Jewish Holocaust has become the one
historical event on which people in France, Germany, Switzerland, Spain,
Holland, Poland, Austria, Lithuania (and Israel) can be legally compelled to
agree. It is still legal to dissent from Holocaust orthodoxy in Italy, Sweden,
Denmark, Norway, Britain, Ireland, and Croatia, but there is powerful pressure
in some of these countries to join the censors. Third Reich Jewish polices are
of no special interest to AR, but it is outrageous that any point of view
on any question be forbidden.
In the United States there is widespread complacency over this blatant thought
control practiced by our closest allies. This complacency proves the utter lack
of integrity of those who make principled free-speech claims for Communists,
pornographers, rap "artists," and flag-burners, but who will not lift
a finger to stop the persecution of "racists" and "Nazis."
Liberals get dewy-eyed over the First Amendment only when it suits them, and are
quietly delighted to see their opponents dragged off to jail because of their
opinions. Indeed, several thousand Europeans are arrested every year who, if
they were leftists, would be lionized as "prisoners of conscience."
Indifference, even joy, over their fate is the contemptible sentiment that
prevails across the political spectrum even in America.
France has had perhaps the most colorful history of modern European censorship,
perhaps because it has the longest history of Holocaust revisionism. The leftist
Paul Rassinier cast doubt on accepted views as early as the 1950s, but it was in
1978 that revisionism came to the attention of a larger European public. In that
and the following year Prof. Robert Faurisson of the University of Lyon
published two articles in the newspaper Le Monde asserting that there were no
execution gas chambers in the Nazi concentration camps. Mr. Faurisson, an expert
at textual analysis who made his case from original documents, provoked a storm
of opposition.
Nine anti-racist and concentration-camp survivor organizations brought civil and
criminal suits against Prof. Faurisson for "falsification of history in the
matter of the gas chambers," a curious charge brought under the French
anti-racial-discrimination law of 1972. In April 1983, the Paris Court of
Appeals found Prof. Faurisson innocent of "falsification of history"
but found him guilty of the equally curious crime of "reducing his research
to malevolent slogans," and made him pay a small fine. At the same time,
the court upheld the right to express any opinion on the existence of Nazi gas
chambers (presumably so long as it was not expressed "malevolently"),
concluding that "the value of the conclusions defended by Faurisson rests
therefore solely with the appraisal of experts, historians, and the
public."
This was a setback to the suppressers of free speech, who responded with what is
known as the Gayssot law-named for the Communist deputy who promoted it-signed
into law in 1990 by President François Mitterand. This law made it a crime
punishable by up to 250,000 French francs (at that time approximately $50,000)
or one year in prison or both to dispute the truth of any of the "crimes
against humanity" for which Nazi leaders were charged at the Nuremberg
trials. Prof. Faurisson, who had continued to publish views on the Holocaust,
was the first to be convicted under this law, and was fined 100,000 francs in
April, 1991, a penalty reduced on appeal to 30,000 francs. He has not given up
his work and has been repeatedly found guilty of the same crime. At last count,
he has also been physically assaulted ten times and on at least one occasion was
nearly killed.
Although the Gayssot law was controversial when it was passed, the French are
now happy with it. According to a 1998 Sofres poll, 79 percent think it
necessary "because one does not have the right to say anything one likes
about the extermination of the Jews."
The extent of this sentiment explains why there were other convictions for
Holocaust-related comments before passage of the 1990 Gayssot law. In 1987 the
leader of the French National Front Jean-Marie Le Pen was fined under
anti-racism laws, not for denying the existence of Nazi gas chambers but merely
for describing them as a "detail" or "minor point" in the
history of the Second World War. Astonishingly enough, not only must a Frenchman
affirm a certain historical fact, he must attribute to it a certain prescribed
importance.
Another French celebrity-turned-thought criminal is Brigitte Bardot, the former
actress. In retirement she has become an ardent animal-rights activist and has
often denounced the ritual slaughter of sheep by French Muslims during the
festival that marks the end of the Ramadan fast. She has also spoken in more
general terms, lamenting that "my country, France, my homeland, my land is
again invaded by an overpopulation of foreigners, especially Muslims." Like
Prof. Faurisson, she is impenitent and has been fined at least three times-in
1997, 1998 and 2000-under the 1972 anti-racism law. A judge concluded that Miss
Bardot was guilty of inciting "discrimination, hatred or racial
violence," and that her condemnation of Muslim practices went beyond any
possible concern for animal rights.
There has been a host of other less-well-known Frenchmen convicted under the
censorship laws. In May, 1999, the editor of a small-circulation magazine Akribeia
was fined 10,000 francs ($2,000) and given a suspended six-month sentence for
writing favorably about Paul Rassinier, the founder of French revisionism. At
his arrest, police strip-searched Jean Plantin and confiscated his two computers
and a dozen computer disks, destroying the results of several years' research.
In September 2000, a 53-year-old French high school teacher in Lemberg in the
Moselle region was fined 40,000 Francs ($8,000) and given a one-year suspended
sentence for telling his students that the Third Reich gas chambers were used
for delousing clothes and that the concentration camps were not extermination
centers.
Censorship cases now get little attention in France unless there are unusual
circumstances or the defendant is a celebrity. In July 2000, a local National
Front politician in the Rhône-Alpes region, Georges Theil, was charged with
"disputing the existence of crimes against humanity." In what he
thought was a private e-mail exchange and using a screen name, he had written,
"Homicidal gas chambers never existed for the simple reason that they were
simply and profoundly impossible." Mr. Theil had not counted on the
diligence of the French police, who tracked him down through his Internet
service provider, Wanadoo, and hauled him into court where prosecutors asked for
a six-month suspended sentence. Cases of this kind, which show how deeply the
French police are willing to burrow into what people think are their private
lives, have been completely ignored in the United States.
Two recent censorship trials that did receive international attention were
"the Garaudy affair" and the successful attempt to shut down certain
activities by the American Internet portal Yahoo. The Garaudy scandal is
particularly instructive because it shows how willingly the left will sacrifice
its own to the gods of Third Reich orthodoxy. Roger Garaudy was born in 1913,
served in the French army, joined the war-time Resistance, and sat in the French
National Assembly as a Communist, first as a deputy and later as a senator. For
25 years he was a major theoretician for the Communist Party, but broke with the
comrades over the Soviet invasion of Czechoslovakia in 1968. He continued to
teach philosophy and promote anti-racism and socialism. He converted to Islam,
and enjoyed great prestige as one of France's most influential public
intellectuals.
Over the years he took an increasing interest in the Palestinian cause, and came
to believe Jews were exaggerating the horrors of the Holocaust in order to
squelch criticism of Israel. This and other views expressed in his 1995 book The
Founding Myths of Modern Israel (published in English in 2000 by the
California-based Institute for Historical Review) unleashed not only a flood of
criticism but likewise brought the octogenarian into court for violation of the
Gayssot law. Prof. Garaudy's impeccable credentials as a leftist and anti-racist
were no defense. In February, 1998, he was duly fined the equivalent of $40,000
after a trial that caused a sensation in France and throughout the Islamic
world. Probably no event has prompted more interest in Holocaust revisionism
among Arabs than the trial of this French Muslim who defended Palestinians.
Religious and political leaders from Egypt to Iran denounced France for putting
him on trial, and the wife of the president of the United Arab Emirates
contributed $50,000 to his defense. Egyptian Nobel laureate in literature Naguib
Mahfouz wondered about the health of Western societies in which it is
commonplace to deny God but a crime to doubt the Holocaust.
The affair took on yet another tragi-comic dimension when Abbé Pierre, one of
the most popular and admired men in France, made a few offhand remarks in
support of Prof. Garaudy. Abbé Pierre is a Capuchin friar whose real name is
Henri Groulčs. He came to be known as "the abbé" during his work
with the French Resistance smuggling Jews out of occupied France. He has devoted
his life to good works for the poor and for immigrants, and has a reputation
something like that of Mother Theresa. He had become acquainted with Prof.
Garaudy and shared his concern about Israel's treatment of Palestinians. After a
few comments in favor of his old friend, he was horrified to discover that
despite much backtracking and many apologies his reputation had vanished. He
acknowledged he had not read the book, called on Prof. Garaudy to correct any
errors, and disavowed any association with Holocaust denial. Even so, leftists
whom he thought were life-long friends turned on him, kicking him out of the
International League Against Racism and Anti-Semitism, a French anti-racist
organization of which he had long been a member. Perhaps the cruelest blow was
his expulsion from Emma-us, the charitable organization he himself had founded.
Although not charged with violation of the Gayssot law, Abbé Pierre fled to
Italy and hid in a monastery until the controversy blew over.
The French case against the American Internet giant Yahoo, which is a gateway to
search engines, auctions, shopping and much else caused only a brief murmur of
disapproval in the United States, but is an ominous first step in bringing the
Internet under the control of European censorship laws. The same International
League Against Racism and Anti-Semitism of which the abbé used to be
member-known by its French acronym LICRA-joined the French Union of Jewish
Students in suing Yahoo to stop Internet auctions of Nazi medals, arm bands,
photos, autographs and the like. France's anti-racism laws forbid commerce in
anything "racially tinged," and the California-based Yahoo promptly
removed these auctions from its French web site.
This was not enough for LICRA and the Jewish students, who insisted that Yahoo
find a way to block French Internet users from reaching Yahoo sites in the U.S.,
where auctions continued. Yahoo said it was technologically impossible, and the
court appointed a panel of three computer experts-American, British, and
French-to render a ruling. Two of the experts said it could not be done, but
Judge Jean-Jacques Gomez chose to believe the Frenchman, who said it could. In
May 2000, he gave Yahoo two months to make it impossible for French Internet
users to reach the Nazi auctions. He said he would fine the American company
----100,000 Francs (now $13,000) a day if it did not, since the sale of Nazi
souvenirs offended "the collective memory of the nation." Judge Gomez
also ordered Yahoo to pay 10,000 Francs to the plaintiffs LICRA and the Union of
Jewish Students. A LICRA spokesman hailed the ruling as a great victory for
democracy, of all things.
The next month Jerry Yang, a co-founder of Yahoo, said his company would ignore
Judge Gomez' order. "Asking us to filter access to our sites according to
the nationality of web surfers is very naďve," he said, adding, "we
are not going to change the content of our sites in the United States because
someone in France is asking us to do so." Six months later, in January
2001, Mr. Yang ate crow when Yahoo decided "voluntarily" to stop
auctioning anything that bears a swastika or any other "hate" symbol
such as a KKK insignia. "Yahoo recognizes that we were right," exulted
LICRA, and Ygal El Harrar, chairman of the Jewish students, welcomed "the
return to its senses by the American company." Incredibly, Yahoo claims
daily fines had nothing to do with its decision. Noting that it already bans
auctions of live animals, used underwear, and tobacco, it is pretending it is
was only adjusting its list of forbidden products.
No one is fooled. Lee Dembart wrote in the International Herald Tribune on Jan.
15, 2001, that the precedent has now been set for any country to try to control
the Internet all over the world. China could threaten to fine sites that promote
the Falun Gong Buddhist cult, which is illegal in China. Arab countries could
fine Internet sites that sell Jewish memorabilia, since such things no doubt
offend their "collective memory." But by and large the American media
have had nothing to say about what amounts to the imposition of French law on
Americans. Needless to say, there would be a frenzy of denunciation if it were
not "Nazis" who were being shoved off the net but, say,
abortion-rights activists.
Switzerland
In the minds of Americans
Switzerland is an orderly, sensible country of decent, independent-minded
people. It is also perhaps the only country that has ever brought censorship
upon itself through referendum. Over the weekend of Sept. 24 and 25, 1994, the
Swiss voted by a majority of 54.7 to 45.3 percent to make it a crime, punishable
by fine and/or up to three years imprisonment, to "publicly incite hatred
or discrimination" or "deny, grossly minimize, or seek to justify
genocide or other crimes against humanity." Half of all Swiss cantons voted
against the new law but thanks to the overall majority, it went into effect Jan.
1, 1995.
Swiss authorities had not actually needed this law to censor foreigners. In
November 1986, the Geneva police stopped two French Holocaust
revisionists-Pierre Guillaume and Henri Roques-from giving a press conference
and banned them from speaking publicly in Switzerland for three years.
The first Swiss citizen to fall afoul of the new law was Arthur Vogt, an
80-year-old retired school teacher. On June 3, 1997, a court in Meilen fined him
20,000 Swiss Francs ($15,000) for mailing copies of a revisionist book to seven
acquaintances and for publishing a private newsletter in which he had written
revisionist essays.
In December 1997, a court in Vevey sentenced Aldo Ferraglia, an Italian citizen,
to four months in jail and court costs of 15,075 francs. He was also made to pay
28,000 francs in "atonement" to three Jewish organizations for having
distributed a number of Holocaust revisionist books, including Roger Garaudy's
The Founding Myths of Modern Israel. At the Ferraglia trial the judge defended
the new law by explaining it did not forbid opinion, only the public expression
of certain opinions-a distinction that may be a little too fine for Americans.
By June of last year, there had been no fewer than 200 trials and 100 sentences
based on the 1995 law. As in France, such trials no longer attract much
attention. Probably few Swiss heard about it when animal rights activist Erwin
Kessler went to jail for two months for writing that Jews who practice ritual
slaughter of cattle are no better than concentration-camp guards.
The press took only slightly more notice of Gaston-Armand Amaudruz whom a
Lausanne court sentenced to a year in prison for articles he wrote in his
monthly newsletter Courrier du Continent, which he started in 1946 and had only
about 500 subscribers, mostly in France. Mr. Amaudruz holds a doctorate in
social and political sciences and has been a teacher of French and German. These
are the words for which the 79-year-old paid with a year in prison: "For my
part, I maintain my position: I don't believe in the gas chambers. Let the
exterminationists provide the proof and I will believe it. But as I've been
waiting for this proof for decades, I don't believe I will see it soon." At
sentencing, the judge criticized Mr. Amaudruz' lack of remorse and noted that he
had continued to violate the law, writing "Long live revisionism" in
the issue of the newsletter that appeared just before the trial.
Perhaps the most prominent Swiss to be found guilty under the censorship law is
49-year-old school teacher Jürgen Graf. In March, 1993, after the publication
of his 112-page book, The Holocaust on the Test Stand, in which he cited reasons
to doubt the accounts of extermination, he was fired from his job as a teacher
of Latin and French at a private secondary school. The French banned the book in
1994. Before long Mr. Graf found himself in court, and in July, 1998, he was
sentenced to 15 months in jail for various revisionist writings. Sentenced along
with Mr. Graf was his 70-year-old publisher, Gerhard Förster, who got 12
months. The court fined both men 8,000 Swiss francs ($5,500) and ordered them to
turn over 55,000 francs ($38,000) in proceeds from book sales. Presiding Judge
Andrea Staubli said the defendants' "remarkable criminal energy" and
lack of remorse justified harsh punishment.
Their defense counsel protested that he could not even try to explain the
reasons for Mr. Graf's statements without, himself, being prosecuted under the
same law. He also argued in vain that censorship law violated the free-speech
provisions of the European Human Rights Convention which Switzerland has signed.
Wolfgang Frölich, an engineer called to vouch for the authenticity of Mr.
Graf's findings, found himself threatened with prosecution if he testified. Just
as absurdly, the court included The Holocaust on the Test Stand in its reasons
for finding Mr. Graf guilty even though he wrote it before the 1995 censorship
law.
Mr. Graf decided to flee the country rather than spend 15 months in prison. In
November 2000, he ended up in Iran, where he planned to stay for some time. He
has been welcomed by scholars in Tehran, and was invited to give lectures at
Iranian universities. Mr. Graf does not intend to return to Switzerland until
the country restores the right of free speech. As we will see, he is not the
only European to go into exile rather than face jail as a prisoner of
conscience.
Germany
Since the end of the Second
World War, beginning with de-Nazification, Germany has had censorship laws
unthinkable in the United States. Nazi songs, salutes, and symbols are illegal
even in private, and the country has been as aggressive as any in trying to
expand the effects of its own repressive laws beyond its own borders. By now,
thousands of people have fallen afoul of anti-Nazi, and "incitement to
racial hatred" laws, which violate the German constitution's own guarantees
of freedom of expression. Any number of quite remarkable cases of
state-sponsored thought control have gone almost completely unreported in the
United States.
Fredrick Toben was born in Germany in 1944 but emigrated with his parents to
Australia when he was ten, and is an Australian citizen. He studied at Melbourne
University and at universities in Heidelberg, Tübingen, and Stuttgart, and has
a doctorate in philosophy. In 1994 he established the Adelaide Institute, in the
Australian town of that name, to promote Holocaust revisionism. He sent some
material to Germany, and was arrested in Mannheim in April 1999 during a visit.
He was held without bail until his trial seven months later and was charged with
"incitement to racial hatred," "insulting the memory of the
dead," and "public denial of genocide." The court sentenced Dr.
Toben to ten months in prison but let him off with a fine of 6,000 marks
($3,500) on the strength of time already spent in prison. As in Switzerland, it
is impossible to mount a defense against these charges. Defendants and even
lawyers who try to explain or justify their statements have been immediately
charged with additional offenses right in the courtroom.
The prosecution tried to charge Mr. Toben on additional counts because of
articles on his Australia-based Adelaide Institute web page ( www.adelaideinstitute.org
), but the court ruled that his only violation of German law was to
have sent printed matter directly into Germany. Foreign Internet sites were not
covered by the law even if Germans could read them. As Deputy Interior Minister
Brigitte Zypries explained in July 2000, "That's life and that's the
Internet . . . . You can't build a wall around Germany." Since the
government could not use the most serious evidence against him, Dr. Toben got
off lightly; the shortest previous sentence for his crimes had been two years,
and the prosecution was asking for two years and four months.
However, in December 2000, in a very significant ruling that went virtually
unnoticed in the United States, Germany's highest court, the Bundesgerichtshof,
reversed the lower court. It said German law applies to any ideas or images
Germans can reach from within Germany, so someone who posts a swastika on a web
page anywhere in the world is a criminal under German law. Dr. Toben, whose case
provided the high court with the basis of this ruling, could presumably be the
subject of an extradition request. As we will see below, Dr. Toben faces
problems enough back home in Australia.
One of the few Americans to notice and comment on this extension of German (and
French) law to the Internet was Rabbi Abraham Cooper of the Simon Wiesenthal
Center in Los Angeles. "We commend the German authorities for sticking to
their commitment," he said; "it's their democracy, these are their
laws." He went on to praise the French, too: "We have to commend the
Germans and the French for basically saying 'In our societies, this is how we
deal with the problems of hate, racism and Holocaust denial. You in America have
your own laws, but at least respect our values.' " Perhaps Rabbi Cooper
would be pleased to see European-style censorship in the United States.
The case of Germar Rudolf is likewise remarkable. Born in 1964, Mr. Rudolf
graduated summa cum laude in chemistry from the University of Bonn and is a
certified chemist. After serving in the German air force, he entered a Ph.D.
program at the prestigious Max Planck Institute for Solid State Physics. While
still at the institute he carried out a forensic physical examination of the gas
chambers of Birkenau and concluded that for a variety of technical reasons they
could not have been used for executions. In 1993 he published his findings in
what is called The Rudolf Report, and was promptly dismissed from the Max Planck
Institute. A court in Stuttgart ruled that the report "denies the
systematic mass murder of the Jewish population in gas chambers" and was
therefore "popular incitement," "incitement to racial
hatred," and "defamation." The court rejected Mr. Rudolf's
request for technical evidence about the truth or falsehood of his report,
ruling that the "mass murder of the Jews" is "obvious."
Mr. Rudolf has continued to commit thought crimes, editing a compendium of
revisionist articles called Grundlagen zur Zeitgeschichte [Foundations of
Contemporary History]. In 1996 a court fined his publisher 30,000 marks
($18,000) and ordered all copies seized and burned. Police raided Mr. Rudolf's
apartment three times, and in 1996 he was finally sentenced to 14 months in
prison. Rather than serve time he fled to England, which has anti-racist laws
but where Holocaust denial is not (yet) a crime. He is now director of Castle
Hill Publishers, which issues revisionist works, and publishes a German-language
revisionist quarterly. Jewish groups have brought pressure on the British
government to enact laws to outlaw Holocaust denial so that Mr. Rudolf can
either be prosecuted in England or extradited to Germany. Like Jürgen Graf of
Switzerland, unless free speech is restored in his homeland, he will go to jail
if he ever returns. Recently he moved to the United States and has applied for
amnesty as a political refugee. It will be interesting to see how the INS, which
has stretched "political persecution" to include wife-beating and
making fun of homosexuals, will avoid granting him asylum.
One German defendant who did not flee the country was the elderly historian Udo
Walendy, publisher of the "Historical Facts" series of booklets. In
May, 1996, the district court of Bielefeld sent him to prison for 15 months, and
a year later a court in Herford added 14 more months to his sentence. He was
also fined 20,000 marks ($12,000) when 12 copies of Adolf Hitler's Mein Kampf
were found in his possession. Judge Helmut Knöner of the Herford court took the
curious position that Mr. Walendy was guilty not of a sin of commission but of
omission:
"This [case] is not about what was written-that is not for this court to
determine-but rather about what was not written. If you had devoted just a
fraction of the same exactitude to highlighting the other side [of the Holocaust
question], you would not have been sentenced."
Here we find the tortured reasoning to which censorship laws invariably give
rise. To have failed to write about a particular historical event in a balanced
manner is a crime that can send a historian to jail. In the court's view, this
one-sided writing was "meant to disturb the public peace," not
withstanding the "exactitude" of Mr. Walendy's work. Moreover,
although Mr. Walendy has been a model prisoner he was denied the usual grant of
release after serving two-thirds of his sentence. Authorities explained that
this was because he was unlikely to change his views.
It is possible to argue that Austrian censorship laws have already claimed a
life. In 1995, Werner Pfeifenberger, a German professor of political science
published an essay called "Internationalism and Nationalism: a Never-Ending
Mortal Enmity?" in a collection issued by Austria's Freedom Party (see AR,
Dec. 1999, and March 2000). A prominent Jewish journalist attacked the essay,
accusing Prof. Pfeifenberger of writing in a "neo-Nazi tone," and
"extolling the national community." Because the professor had
criticized the 1933 Jewish declaration of an international boycott of Germany,
the journalist also accused him of reviving "the old Nazi legend of a
Jewish world conspiracy."
The German state of North Rhine-Westphalia dismissed Prof. Pfeifenberger from
his teaching position, and a court in Vienna prepared a case against him under
Austrian anti-Nazi laws. On May 13, 2000, just a few weeks before the trail,
Prof. Pfeifenberger took his own life. His lawyer explained that Prof.
Pfeifenberger faced ten years in jail under the charges, did not expect a fair
trial, and had already spoken of committing suicide. As in Germany and
Switzerland, Austrian law does not permit a defendant to argue the veracity of
his statements; offensive "tone" or "diction" is sufficient
to secure conviction.
United States citizens have fallen afoul of German censorship laws-without the
slightest gesture of support from their own government. Hans Schmidt of
Pensacola, Florida, runs the German-American National Public Affairs Committee,
which publishes a newsletter. Mr. Schmidt, who fought in the German army, moved
to the United States after the war and became a U.S. citizen. In 1995, on a trip
to Germany to visit family members, German authorities arrested him for having
sent some of his newsletters to Germany. They held him in jail for five months
but released him in conjunction with the first part of his trial. Mr. Schmidt,
who could have been sentenced to five years in prison, slipped out of the
country rather than stay for the rest of his trial.
Another American, Gary Lauck of Lincoln, Nebraska, was not so lucky. Known as
"the farm-belt Führer," Mr. Lauck is an unapologetic supporter of
Nazism, and has shipped a considerable quantity of Nazi material to Germany. In
March, 1995, he was visiting Denmark, a country that does not have anti-Nazi
laws, but in an operation of questionable legality, the Danes extradited him to
Germany. In August, 1996, a Hamburg court convicted him of inciting racial
hatred and distributing illegal materials-which he did legally in the United
States and not in Germany-and sentenced him to four years in jail. He served his
sentence and returned to the United States, where he continues to promote
Nazism.
At almost the same time Mr. Lauck was on trial in Germany, the American citizen
Harry Wu-a fervent critic of China-slipped into China illegally on a mission of
support for dissidents and was arrested. The U.S. State Department mounted an
extraordinary effort to secure his release, but completely ignored Germany's
prosecution of Mr. Lauck.
Another curious case involving the United States is that of a young German
musician Hendrik Möbus. Mr. Möbus said provocative things about Jews, gave the
Nazi salute during a concert, and later turned up in the United States. In a
little-known incident in the summer of 2000, federal officers arrested Mr. Möbus
with the intention of extraditing him to Germany, even though his offenses were
not crimes in the United States. Apparently thinking better of this
unjustifiable proceeding, the government released Mr. Möbus, who promptly
turned the tables by suing for political asylum. With the help of William Pierce
of the West Virginia-based National Alliance, Mr. Möbus has hired immigration
lawyers to argue his case on the grounds that he will be persecuted for his
political beliefs if he returns to Germany.
One of the common difficulties for applicants for asylum is that they must prove
they face a realistic threat of persecution. In Mr. Möbus' case, the German
authorities have already issued an extradition request in which they openly
state they want to send him to jail. Once again, it will be interesting to see
how the INS responds.
Neo-Nazi music is increasingly popular in Germany, and bands play a constant
cat-and-mouse game with the police. Most make their recordings in secret studios
or across the border in Poland, and the recordings are then pressed in the
United States. The CDs come back to Europe via Sweden, where the material is not
illegal. Mere possession is a crime in Germany, but the authorities estimate
there are more than 100 neo-Nazi bands operating clandestinely.
Some repressive measures fall short of imprisonment. In August, 2000, the German
postal bank, which is part of the government-owned post office, systematically
shut down all accounts used by any group it considered "far-right."
These included Germany's two main nationalist parties, the German Peoples' Union
(DVU) and the National Democratic Party (NPD). Postbank chairman Wulf von
Schimmelmann explained that the measure was "a contribution to political
hygiene and cementing of democracy in Germany."
Thought-control can take a comical turn. In August, 2000, Dresden police ordered
a 25-year-old man to get a haircut because he had shaved the back of his head
leaving only the letters "SS," in the distinctive angular script used
by the Nazis.
Mein Kampf has been banned in Germany for years, and German companies
have been quietly enforcing the ban overseas as well. Publishing giant
Bertelsmann polices its US-based website bookstore for titles forbidden in
Germany, and is trying to do the same with Barnesandnoble.com, of which it owns
40 percent. Mein Kampf is banned in several other countries, including
Holland and the Czech Republic, where distributors were recently fined. There is
considerable irony in suppressing Hitler's turgid autobiography. For years it
was common to say that if only people had read it in the 1930s they would have
stopped Hitler in his tracks. Now we must presumably be kept from reading it for
fear we will follow its advice.
Other
Countries
Until 1995, Spain was a
popular refuge for dissidents facing prosecution elsewhere in Europe but in that
year it passed new laws putting it firmly in the camp of the censors. The first
conviction came in November, 1998, when bookseller Pedro Varela was sentenced to
five years in jail for "incitement to racial hatred" and "denying
or justifying genocide." His case began in December, 1996, when police
raided his Librería Europa bookstore in Barcelona and confiscated 20,000
volumes. Nearly two years went by before he went to trial because many of the
books were in English, French, or German, and the court insisted that they be
translated into Spanish. In addition to the five-year prison term, the court
fined him 720,000 pesetas ($5,000) and ordered all 20,000 books burned-even
though only 30 of some 200 titles were found to violate the law.
In December 1998, Mr. Varela appealed the sentence to the provincial court or
Audencia of Catalonia, which ruled unanimously in April 1999 that the censorship
law violates guarantees of free expression in the Spanish constitution. The case
will now go before the Constitutional Tribunal in Madrid. In the meantime, Mr.
Varela's 20,000 volumes have not yet been burned, but he has not gotten them
back either. He restocked his store and continued to operate, but in January
1999, a mob of "anti-fascists" smashed through the protective metal
shutters of his shop, ransacked it, and burned hundreds of books. Police arrived
but did nothing. Mr. Varela rebuilt his store and continues to sell books.
In Britain, despite campaign promises from Tony Blair that Labour would ban
Holocaust denial, in early 2000 Parliament resisted pressure from Jewish groups
to do so. Home Office Minister Mike O'Brien explained that the government was
unable to "strike a balance between outlawing such offensive statements
while ensuring that freedom of speech is not unduly restricted." Since 1986
the Public Order Act has made incitement to racial hatred an offense, but Jewish
groups argued this law was inadequate because prosecutors have been unable to
show that Holocaust denial incites hatred. This is not to say that these laws
have never been used. Although enforcement is sporadic, a few racial
nationalists have been convicted.
Originally prosecutors had to prove a defendant intended to stir up hatred, but
that was difficult. Later the laws were broadened to permit conviction if hatred
was stirred up whatever the intent, but that was also hard to prove. Now, it is
sufficient to show a "likelihood" that some act will incite racial
hatred, and it was on this basis that Spearhead editor John Tyndall and British
Nationalist editor John Morse were tried together and convicted by a single jury
in 1986. The prosecution's tactic was to read page after page of
"offensive" material in court and the cumulative effect seems to have
convinced the jury what they wrote was "likely" to incite hatred. The
judge decided the crime deserved six months in jail. Mr. Tyndall, who after
serving his sentence returned to editing Spearhead, despises incitement laws but
believes they have the beneficial effect of keeping racial nationalists from
using intemperate-and ultimately unpersuasive-language.
Nick Griffin, now head of the British National Party, received a suspended
sentence after a similar conviction in 1998. He also edited a magazine, which
discussed Holocaust revisionism and opposed non-white immigration to Britain. In
his case as well, there seems to have been no clear line between acceptable and
unacceptable opinions; his magazine apparently created an overall atmosphere
that was "likely" to incite hatred.
Some British anti-racism measures approach outright insanity. As reported in the
July 2000 issue of AR, a recently-passed law forbidding "racially
threatening or abusive words" was recently invoked against a Cambridge man
who got into a whispered argument in a library. A woman overheard Robert
Birchall tell Kenyan-born Mugai Mbaya to "go back to your own
country," and reported him to police. Mr. Birchall was fined 100 pounds. In
the city of Gloucester police officers are reported to have been sent to eat in
ethnic restaurants and listen in on the conversations of other patrons so they
can charge them with crimes if they say rude things about other races.
Perhaps even more than to Europeans, Americans feel kin to Canadians and perhaps
Australians-fellow English-speakers who have established themselves far from the
homeland. But here, too, traditions of free speech have crumbled under the
pressure of special-interest groups. In October 2000, the Australian Human
Rights and Equal Opportunity Commission ordered Frederick Toben-back from prison
in Germany-to remove Holocaust revisionist material from the web page of the
Adelaide Institute. Commissioner Kathleen McEvoy said Mr. Toben violated the
1975 Racial Discrimination Act by "having published materials inciting
hatred against the Jewish people." She also ordered Mr. Toben to post a
lengthy apology. Mr. Toben refused, saying he would not apologize for material
he believed to be factual and that any proceeding against him was immoral if
truth was not permitted as a defense. The government-funded commission has no
enforcement powers, but could initiate proceedings to have Mr. Toben jailed for
contempt.
In Tasmania, the commission has also accused an associate of the Adelaide
Institute, 58-year-old Olga Scully, of selling anti-Jewish material and putting
it in mailboxes. She also refused to apologize, and the commission announced
plans to take her to court. The Russian-born grandmother says she is not
intimidated and is "quite prepared" to go to prison.
It will be a surprise to many Americans to know that our next-door-neighbor
Canada now has a nearly 20-year tradition of censorship. In 1981 a well-liked
secondary school teacher and mayor in Lacombe County, Alberta, named Jim
Keegstra was reported to be telling his social studies students that Jews run
the world. The school board fired him-which it no doubt had the right to do-but
Canadian authorities also charged him with violating section 281 of the criminal
code, which prohibits spreading hate against an identifiable group. Mr. Keegstra
remained unrepentant during a ten-year legal battle that took him to the
Canadian Supreme Court, which upheld his conviction.
The most famous Canadian thought criminal is undoubtedly Ernst Zundel, a German
who immigrated to Canada in 1958 and established himself as a commercial artist.
Since the mid-1970s he has published and publicized Holocaust revisionist
materials, and in 1983 he was charged under section 181 of the criminal code,
which prohibits spreading "false news" that the purveyor knows to be
false.
His case became something of a cause célčbre, and the trial dragged on for
eight weeks before reaching a conviction. Mr. Zundel filed numerous appeals and
in 1992 the Supreme Court ruled the law under which he was convicted
unconstitutional because it was "an unjustifiable limit on the right and
freedom of expression."
Mr. Zundel was not out of court for long. At the urging of Jewish groups, he was
brought before the Canadian Human Rights Commission in what must be one of the
most Kafkaesque censorship proceedings of modern times. There is a section of
the Canadian criminal code written to outlaw telephone answering machines with
"hate messages." It makes it illegal "to communicate
telephonically" "any matter that is likely to expose a person or
persons to hatred [for reasons of race, ethnicity, etc.]." In a tortured
interpretation of this law, Mr. Zundel was charged on the basis of a web page
that contains Holocaust materials by him and by others. Although the site is
commonly known as the Zundelsite, it is based in the United States and run by an
American.
Ironically, the Human Rights Commission has been asked to find Mr. Zundel guilty
because he is associated with a foreign web page that publishes articles that,
in print form, have been found to be legal in Canada. Indeed, the first and
lengthiest of the pamphlets cited in the charge is the very one cited in the
previous case that was thrown out by the Canadian Supreme Court! What is more,
this case has dragged on for an astonishing five years. At the same time, the
chairman of the Human Rights Tribunal has conceded that "the truth is not
an issue before us. . . . The sole issue is whether such communications are
likely to expose a person or persons to hatred or contempt." Mr. Zundel,
who has spent an estimated $140,000 on the case, recently gave up even trying to
defend himself, saying "I would rather save my money and appeal their
grotesque ruling when it comes out." Amazingly, the case continues to drag
on without him, with final arguments expected in late February.
Yet another prominent censorship victim has been Doug Collins and the newspaper
that used to publish him, the North Shore News. In February 1999, the British
Columbia Human Rights Tribunal found Mr. Collins guilty of acts "likely to
expose Jews to hatred or contempt." Found criminal were four columns he
wrote in 1994. Interestingly, the tribunal decided that taken individually none
of the columns was a criminal act, but taken together they were. The tribunal
ordered Mr. Collins and the North Shore News to desist from further incitement
to hatred, and to pay $2,000 to a Jewish man who had brought the charges, as
compensation for injury to his dignity and self-respect. It also ordered the
paper to publish the judgment in full, which was perhaps the first time the
government ever forced a Canadian newspaper to print something against its will.
Mr. Collins now publishes on the Internet.
Canadian authorities have been very unpredictable in their enforcement of laws
against "incitement of hatred." They have never been bothered by the
lyrics of black rap "musicians" who openly urge blacks to kill whites,
but it has taken a very close look at academic studies of racial differences.
Canadian customs authorities have seized many shipments of books from the United
States including Race, Evolution and Behavior, by Philippe Rushton
(reviewed in AR, Dec. 1994). Prof. Rushton, who teaches psychology at the
University of Western Ontario, has been himself investigated for inciting hatred
and nearly lost his job because of his carefully-researched studies of racial
differences. Other books Canadian customs have held at the border include Shockley
on Eugenics and Race (reviewed in AR, Jan. 1993), Race,
Intelligence and Bias in Academe by Roger Pearson, The Dispossessed
Majority by Wilmot Robertson, and The Immigration Invasion by Wayne
Lutton and John Tanton.
The United States does not have censorship laws but we are creeping in that
direction. Hate crime laws are an ominous step, because they add penalties to
crimes based on motive. Until the passage of hate crime laws sentencing did not
depend on the motive of a crime but whether it was premeditated or spontaneous.
You could punch a man because he was fat, black, insulted you, or seduced your
wife, and you were guilty of assault. Now, certain motives-that is to say
certain thoughts-bring heavier penalties. In February of this year, a Houston,
Texas, judge sentenced 21-year-old Matthew Marshall to no fewer than ten years
in jail for burning a cross in front of a black family's house. People who
commit gruesome violent crimes often get less jail time.
We have also had a few cases of censorship almost as absurd as those that have
begun to crop up in England. In August, 1998, Janis Barton was leaving a
restaurant in Manistee, Michigan, and walked by another group waiting to be
seated. Those in the other group spoke to each other in Spanish, and Mrs. Barton
said, out loud, "I wish damn Spics would learn to speak English." One
of the Spanish-speakers filed a complaint and Mrs. Barton was charged with the
crime of committing "insulting conduct in a public place," on the
grounds that what she said were "fighting words" that could provoke
violence. A jury bought that argument and the judge sentenced Mrs. Barton to 45
days in jail (she served only a few days). This is an odd case that may not be
repeated, but it clearly shows the direction in which hypersensitivity to the
feelings of non-whites is taking us.
Another worrying step towards censorship is a law passed just last December 15,
which requires all libraries receiving federal money to use content filters on
computers connected to the Internet. The idea is to protect people from
pornography, violence and "hate speech," but the makers of filtering
software invariably give it a leftist slant. The federal government is using the
power of the purse to restrict access to certain views and information.
What These
Laws Mean
The full-blown, unabashed
censorship laws in Europe and Canada are a giant step backwards in the history
of Western Civilization. It was perhaps one of the most significant conceptual
breakthroughs in human thought to recognize that the social cost of suppressing
"error" is far greater than the damage unchecked "error" can
do when men are free to refute it. It is cause for great sadness that our
European brethren have stepped back into the mentality of the witch hunt,
forcing their citizens into exile and making them prisoners of conscience.
Indeed, it is in the defense of prisoners of conscience that Amnesty
International (AI) made a name for itself, and cases like those described here
would appear to be tailor-made for them. According to their own publications,
prisoners of conscience are "people who are imprisoned, detained or
otherwise physically restricted anywhere because of their beliefs, color, sex,
ethnic origin, language or religion, provided they have not used or advocated
violence." Every person mentioned in this article and thousands more have
been charged with crimes because of the non-violent expression of beliefs. AI
goes on to say that "all people have the right to express their convictions
and the obligation to extend that freedom to others" and that "Amnesty
International seeks the immediate and unconditional release of all prisoners of
conscience."
A number of people have appealed to AI to intervene on behalf of imprisoned
Holocaust revisionists but AI refuses. In 1995 it affirmed "Amnesty
International's intention to exclude from prisoner of conscience status those
who advocate the denial of the Holocaust . . . ." They took this step on
the grounds that dissent from accepted views on the Holocaust means one has
"advocated national, racial, or religious hatred that constitutes
incitement to discrimination, hostility or violence." What this means is
that AI does not consider someone a prisoner of conscience unless it agrees with
him.
It is probably true that some of the people charged under incitement laws really
do want to stir up hatred-something that however reprehensible is legal in the
United States and should be legal everywhere-but there is no evidence whatever
that this is the motive of people like Robert Faurisson, Fredrick Toben, Pedro
Varela or Germar Rudolf. It is the people who oppose their work who appear to be
driven by hatred. Furthermore, as British prosecutors have found, it is unclear
just how disputing the existence of gas chambers or the number of Nazi victims
incites hatred against anyone. People are not suddenly going to start hating
Jews just because a pamphlet convinces them the Nazis killed only one million
rather than six million.
It would be more plausible to say that anyone who harps on slavery, Jim Crow,
and segregation is inciting hatred against whites, or that anyone who describes
the way Indians mutilated the bodies of Custer's men at Little Big Horn is
stirring up hatred against Indians. If you scoff at the miracles in the Bible
are you inciting hatred against Christians? If not, why not? After all, neither
the truth of the statements nor the intent of the speaker matters. Laws of this
kind cry out for abuse and invidious application.
Obviously of concern to American Renaissance is the possibility that any
description of race or sex differences could be considered incitement to hatred.
What if the French and the Germans decide discussions of race and IQ are
hate-mongering? This is actually more logical than saying skepticism about gas
chambers makes people hate Jews. Will AR be banned in Europe? Will people
who write for AR be arrested if they go to Europe?
Laws about inciting hatred are really very simple: If you hurt the feelings of
certain people you can be charged with a crime. So far, the people about whose
feelings one must be most careful are Jews. Pressure from Jewish organizations
has turned what may have been intended as universal prohibitions into
prohibition of opinions that upset Jews.
Laws of the French, German, and Austrian type that specifically prohibit
Holocaust denial likewise reflect the pressure of Jewish organizations. There is
only one historical event in all of human history-an event of particular
interest to Jews-about which the law forbids dissent. Legally requiring
acceptance of a historical event is an absurdity on its face, but why just this
one? In January 2000, the French National Assembly voted officially to recognize
the Turkish "genocide" of Armenians during the First World War. There
are many people who strongly dispute the number and circumstances of these
deaths; Turkey angrily withdrew its ambassador after the vote. No doubt there
will be vigorous "genocide denial," "whitewashing of crimes
against humanity," and "insulting the memory of the dead." Why
will this not be a crime in France? One can only conclude that it is because
Armenians have less influence than Jews.
But the real shame is how few people, either in Europe or the United States, are
willing to oppose this clampdown on freedom. The left loves to quote lines
attributed to Martin Niemoller (1892-1984), the German Lutheran minister
interned by the Nazis:
"First they came for the Communists, and I didn't speak up, because I
wasn't a Communist. Then they came for the Jews, and I didn't speak up, because
I wasn't a Jew. Then they came for the Catholics, and I didn't speak up, because
I was a Protestant. Then they came for me, and by that time there was no one
left to speak up for me."
The message, of course, is that we must be vigilant against wrongs done even to
people with whom we may disagree, because if we do not resist evil we may some
day be its victims. European censorship laws are precisely the kind of creeping
evil Niemoller warned against, but the left ignores them because it has no
principles and the right ignores them because it has no spine. Censorship is
therefore on the march in Europe and licking at our own borders. We have entered
a new Dark Age.
The Law Is an Ass
(March, 2001)
The laws under which Europeans, Canadians and perhaps now Australians can be
prosecuted for thought crimes are of several kinds. The first includes the
French Gayssot law, which, though amazing, clearly says what it means: No one is
to dispute the genocide or other crimes against humanity for which the Nazi
leaders were put on trial at Nuremberg after the war. There is no ambiguity
about this. Anyone who says the Nazis did not have an extermination program is a
criminal.
Laws that forbid "incitement of hatred" are much more ambiguous. These
laws are particularly frightening because there is no way to know what they
mean. Presumably, if it is against the law to "incite hatred" there
should be no conviction unless it is proven that something caused hatred. The
prosecution should produce someone who, having read the offending work or heard
the offending speech or seen the offending picture or symbol, became a hater.
None of the censorship laws requires this. Courts have decided without the
slightest evidence that anyone who takes a position on certain questions-even if
all he does is deliver this view to subscribers who have paid to receive it-is
"inciting hate." The other breath-taking aspect of these laws is that
intent does not matter either. It makes no difference if someone sincerely
believes he is uncovering the truth; if what he says can be construed as likely
to incite hate, he can end up in behind bars.
Finally, there are laws that have no clear meaning at all. What does it mean to
"glorify National Socialism" or "insult the dead" or
"whitewash the crimes of the Nazis"? Crimes that depend on wording as
vague as this-and there have been plenty of convictions under them-are close kin
to Communist laws that forbade "anti-Soviet behavior" or
"parasitism." These were justly decried in the West, but there is
almost complete silence about anti-Nazi laws. In the United States vague
prohibitions of this kind are clearly unconstitutional.
Another astonishing aspect of these laws is that truth is not a defense. Once
again, in the United States, the law is clear: Truth is an absolute protection
for anyone charged with making hurtful, damaging, or embarrassing statements
about anyone or anything. In the American colonies this tradition dates back to
the famous John Peter Zenger trial of 1735. Zenger, publisher of the New York
Weekly Journal, was charged by British authorities with publishing articles
"tending to raise seditions and tumults among the people of this province,
and to fill their minds with contempt for his majesty's government." Zenger
was arrested, jailed, and tried. Jurors, however, were persuaded that
"truth ought to govern the whole affair of libels," and in concluding
that what Zenger had written was true, both set Zenger free and, in effect,
rewrote the law.
To many people, it seems preposterous that anyone who disputes gassings at
Auschwitz or doubts Germany's extermination program could appeal to the truth as
a defense. However, in cases of this kind facts are of so little importance that
there have been convictions for statements that appear to be almost certainly
true. British historian David Irving, who in 2000 lost a celebrated libel case
against an anti-revisionist author, was fined $30,000 by a German court for
telling a German audience that the Auschwitz gas chamber is a post-war
reconstruction. Even the Polish curator at Auschwitz has conceded it is a fake,
but Mr. Irving is a criminal and the curator is not. A different German court is
seeking Mr. Irving's extradition for having said the same thing to a different
German audience.
James Alexander, one of the lawyers who defended John Peter Zenger, would have
been appalled. "Freedom of speech," he wrote after the trial, "is
a principal pillar in a free government: when this support is taken away, the
constitution is dissolved and tyranny erected on its ruins."
Reproduced From: American
Renaissance
The
“Dangerous” David Irving
Joseph Sobran
April 18, 2000
The historian David Irving has lost his libel suit against Deborah
Lipstadt and Penguin Books. Mrs. Lipstadt had called Irving “one of
the most dangerous spokesmen for Holocaust denial.”
In a devastating ruling, Justice Charles Gray declared Irving a
“racist” and “anti-Semite” who distorts historical facts in
order to portray Adolf Hitler in what Gray, turning to British
understatement, called “an unwarrantedly favorable light.” Under
British law, Irving must now bear the $3 million in legal fees the
defendants ran up.
Gray didn’t deny Irving’s contention that Mrs. Lipstadt, with the
assistance of other Jewish agencies, including the Israeli government,
has pursued a vendetta against Irving aimed at destroying his career.
Mrs. Lipstadt herself doesn’t deny it. “As [Holocaust] survivors die
off and there are fewer and fewer eyewitnesses,” she has explained
tearfully, “there won’t be people to tell the story in the first
person, and it will be easier to deny it.”
Such a statement calls in question Mrs. Lipstadt’s own competence as a
historian. How does the factuality of the organized murder of millions
depend on the testimony of those who escaped the murder? Individual Jews
in concentration camps were in no position to know just what the
comprehensive Nazi program was, and survivor testimony is notoriously
unreliable anyway. Mrs. Lipstadt might as well say that when all the
veterans of World War II die, it will become easier to deny that there
was any war at all. Her understanding of how history is compiled seems
remarkably naive.
Historians agree that Irving has unearthed many vital documents of World
War II; yet he too seems capable of remarkable naiveté. It would be
easier to believe that there was no Holocaust at all than that, as
Irving has argued in his book Hitler’s War and elsewhere,
the whole thing was conducted behind Hitler’s back and against his
wishes.
Still, Irving has guts. Without a lawyer, he single-handedly took on a
high-powered legal team, who employed several scholars in an all-out
effort to scrutinize his life’s work (and even his private diaries)
for evidence that could be used to discredit him. With such a mismatch
in money and resources, given that he is one of the most outspoken
scholars on earth, with a penchant for rash overstatement and even
gratuitous insult, it’s no marvel that he lost. Would any judge have
dared to rule in his favor?
But in what sense is Irving “dangerous,” as Mrs. Lipstadt charged?
Dangerous to whom, to what interests? And exactly why did the Israeli
government have to get involved in this case? Gray didn’t explain.
Irving was already banned from several countries because of his views;
he has been prosecuted and fined in Germany, where he can no longer get
access to the very documents he himself has discovered! The world
can’t afford to tolerate even a single man like him? Apparently not,
though plenty of scholars espouse dubious and eccentric views on all
sorts of subjects without getting the treatment Irving has received.
Usually we think it’s enough to let book reviewers mete out justice,
however imperfectly. My last book drew some harsh reviews, but none of
them suggested that my career be wrecked or that I be jailed.
Some sort of congratulations must be due to the international Jewish
thought-control apparatus. It must be comforting to American taxpayers,
who pay billions in aid to Israel, to know that they are helping to
subsidize Israeli efforts to see to it that free speech doesn’t get
out of control in democratic countries, from Germany to Canada to
Australia. In Switzerland, for example, a man has just drawn a
three-year prison sentence for the crime of Holocaust denial. Presumably
he too was “dangerous” — to someone.
Hitler has been out of business for more than half a century. He poses
no threat now. On any objective scale, he did far less harm than Stalin
and his pals, but it’s no crime, anywhere, to deny or minimize the
atrocities of the Stalin-Roosevelt-Churchill alliance (which Churchill
himself seems to have regretted later in his life). On the contrary, the
misdeeds of that alliance are still celebrated as victories for
democracy and civilization.
David Irving’s ruin should tell us where the real danger to freedom
now lies.
Joseph Sobran
|
Reproduced From: Sobran's
The Real News Of The Month Web Site
International
Campaign for Real History Testimony of Kevin MacDonald in the Matter of David
Irving vs. Deborah Lipstadt
NAME AND AFFILIATION: Kevin
MacDonald, Professor of Psychology at California State University-Long Beach,
Long Beach, CA 90840-0901 USA
ACADEMIC BACKGROUND: I have
a Ph. D. in Biobehavioral Sciences from the University of Connecticut. I have
published six books (including two edited books) and over 30 academic papers in
the area of evolutionary approaches to human behavior, particularly in the field
of evolutionary psychology and the application of evolutionary psychology to
understanding ethnic conflict in history (e.g., Social and Personality
Development: An Evolutionary Synthesis. New York: Plenum, 1988). I am editor of
the journal Population and Environment, published by Human Sciences Press, a
division of Kluwer Academic Publishers. This journal deals with issues related
to the interface between environmental issues and human population, including
issues of ethnic conflict. I am also Secretary/Archivist and member of the
Executive Board of the Human Behavior and Evolution Society, the main academic
organisation dealing with the application of evolutionary biology to the study
of human affairs.
RELEVANT PUBLICATIONS: Since
the early 1980s I undertook to extend the evolutionary paradigm to the study of
broad social phenomena such as group strategies in Ancient Greece and socially
imposed monogamy in ancient Rome and in Europe beginning in the Middle Ages.
This led to the study of the Catholic Church as a major institution of social
control, and to the study of Judaism as a religious group strategy. The Judaism
project has resulted in three books:
KEVIN MACDONALD: A People
That Shall Dwell Alone: Judaism as a Group Evolutionary Strategy (Westport, CT:
Praeger, 1994; 302 pp.) delineates key aspects of Judaism within an evolutionary
theory of groups. The basic proposal is that Judaism can be interpreted as a set
of ideological structures and behaviours that have resulted in the following
features: (1) the segregation of the Jewish gene pool from surrounding gentile
societies; (2) resource and reproductive competition with gentile host
societies; (3) high levels of within-group co-operation and altruism among Jews;
and (4) eugenic efforts directed at producing high intelligence, high investment
parenting, and commitment to group, rather than individual, goals. KEVIN
MACDONALD: Separation and Its Discontents: Toward an Evolutionary Theory of
Anti-Semitism (Westport, CT: Praeger, 1998; 325 pp.) develops an evolutionary
theory of anti-Semitism. The basic thesis is that Judaism must be conceptualised
as a group strategy characterised by cultural and genetic segregation from
gentile societies combined with resource competition and conflicts of interest
with segments of gentile societies. This cultural and genetic separatism
combined with resource competition and other conflicts of interest tend to
result in division and hatred within the society. A major theme of this volume
is that intellectual defences of Judaism and of Jewish theories of anti-Semitism
have throughout its history played a critical role in maintaining Judaism as a
group evolutionary strategy. The book discusses tactics Jewish groups have used
over the centuries to combat anti-Semitism. Particularly important are
discussions of Jewish self-interest, deception, and self-deception in the areas
of Jewish historiography, Jewish personal identity, and Jewish
conceptualisations of their in-group and its relations with outgrips. KEVIN
MACDONALD: The Culture of Critique: An Evolutionary Analysis of Jewish
Involvement in Twentieth-Century Intellectual and Political Movements (Westport,
CT: Praeger, 1998; 376 pp.) Ethnic conflict is a recurrent theme throughout the
first two volumes, and that theme again takes centre stage in this work.
However, whereas in the previous works ethnic conflict consisted mainly of
recounting the oftentimes bloody dynamics of Jewish-gentile conflict over the
broad expanse of historical time, the focus here shifts to a single century and
to several very influential intellectual and political movements that have been
spearheaded by people who strongly identified as Jews and who viewed their
involvement in these movements as serving Jewish interests. Individual chapters
discuss the Basin school of anthropology, psychoanalysis, leftist political
ideology and behavior, the Frankfurt School of Social Research, and the New York
Intellectuals. An important thesis is that all of these movements may be seen as
attempts to alter Western societies in a manner that would end anti-Semitism and
provide for Jewish group continuity either in an overt or in a seem-cryptic
manner.
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TRIAL TESTIMONY: DAVID
IRVING IN THE CONTEXT OF JEWISH
INTELLECTUAL AND POLITICAL
ACTIVISM
I am not a historian.
Although the history of Judaism is important to my work, I can offer no expert
opinion on the work of David Irving except to the extent that I have noted that
his work has been favourably reviewed by a considerable number of academic
experts on World War II, including Gordon Craig, A.J.P. Taylor, and Hugh
Trevor-Roper
I believe that my background
as an evolutionary psychologist and my research into Jewish-gentile relations
equips me to describe to the court some competitive features of those relations.
Anti-Jewish tactics are widely known, and it is widely accepted that active
anti-Semites have and still do exist. But competitive behavior on the part of
Jewish organisations is not as widely known. In my research I have reviewed the
writings and activities of both Jews and their opponents, and I think I can help
place the actions of Dr. Lipstadt and some Jewish organisations against Mr.
Irving into a wider context.
The main point of my
testimony is that the attacks made on David Irving by Deborah Lipstadt and
Jewish organisations such as the Anti-Defamation League (ADL) should be viewed
in the long-term context of Jewish-gentile interactions. As indicated by the
summaries of my books, my training as an evolutionist as well as the evidence
compiled by historians leads me to conceptualise Judaism as self-interested
groups whose interests often conflict with segments of the gentile community.
Anti-Jewish attitudes and behavior have been a pervasive feature of the Jewish
experience since the beginnings of the Diaspora well over 2000 years ago. While
anti-Jewish attitudes and behavior have undoubtedly often been coloured by myths
and fantasies about Jews, there is a great deal of anti-Jewish writing that
reflects the reality of between-group competition as expected by an
evolutionist. Particularly important have been the themes of separatism:
(1) Jewish groups have
typically existed as recognisably distinct groups and have been unwilling to
assimilate either culturally or via marriage; (2) the theme of economic,
political, and cultural domination;
(3) the theme of disloyalty.
Because anti-Jewish
attitudes and behavior have been such a common response to Jews as a Diaspora
group, Jewish groups have developed a wide variety of strategies to cope with
their enemies. Separation and Its Discontents discusses a great many of these
strategies, including a very long history of apologia dating to the ancient
world. In the last century there have been a great many intellectual activities,
most notably many examples of Jewish historiography which present Jews and
Judaism in a positive light and their enemies in a negative light, often with
little regard for historical accuracy. Most importantly for the situation of
David Irving, Jewish groups have engaged in a wide range of political activities
to further their interests. In general, Jews have been active agents rather than
passive martyrs; they have been highly flexible strategizers in the political
arena. The effectiveness of Jewish strategizing has been facilitated by several
key features of Judaism as group evolutionary strategy-particularly that the IQ
of Ashkenazi Jews is at least one standard deviation above the Caucasian mean.
In all historical eras, Jews as a group have been highly organised, highly
intelligent, and politically astute, and they have been able to command a high
level of financial, political, and intellectual resources in pursuing their
group goals. For example, Jews engaged in a very wide range of activities to
combat anti-Semitism in Germany in the period from 1870 to 1914, including the
formation of self-defence committees, lobbying the government, utilising and
influencing the legal system (e.g., taking advantage of libel and slander laws
to force anti-Jewish organisations into bankruptcy), writing apologias and
tracts for distribution to the masses of gentile Germans, and funding
organisations opposed to anti-Semitism composed mainly of sympathetic gentiles.
Jewish organisations commissioned writings in opposition to "scientific
anti-Semitism," as exemplified by academically respectable publications
that portrayed Judaism in negative terms. Academic works were monitored for such
material, and Jewish organisations sometimes succeeded in banning offending
books and getting publishers to alter offensive passages. The result was to
render such ideas academically and intellectually disreputable (Levy, 1975;
Raging, 1980).
Jewish organisations have
used their power to make the discussion of Jewish interests off limits.
Individuals who have made remarks critical of Jews have been forced to make
public apologies and suffered professional difficulties as a result. Quite often
the opinions in question are quite reasonable-statements that are empirically
verifiable and the sort of thing that might be said about other groups or
members of other groups.
The main point of my
testimony is to discuss Mr. Irving's difficulties which he argues have been
brought about by Jewish organisations and with the defendant, Deborah Lipstadt
who has contributed to the effort to ban Mr. Irving from publishing his work
with reputable publishers. This is a major part of Irving's complaint. As
evidence I call your attention to Lipstadt's comments in The Washington Post of
April 3, 1996 in which she is quoted as stating that "In the Passover
Hagadah, it says in every generation there are those who rise up to destroy us.
David Irving is not physically destroying us, but is trying to destroy the
memory of those who have already perished at the hands of tyrants."
"They say they don't publish reputations, they publish books. . . . But
would they publish a book by Jeffrey Dahmer on man-boy relationships? Of course
the reputation of the author counts. And no legitimate historian takes David
Irving's work seriously."
These comments were made in
reaction to the St. Martin's Press rescinding publication of Irving's book,
Goebbels: Mastermind of the Third Reich, and were clearly intended to support
that decision. The decision to sue Lipstadt came only after St. Martin's Press
had rescinded publication of the book, and only after Lipstadt's public support
for that decision (see Guttenplan (2000, 53).
Moreover, as the plaintiff
has noted in his statement, the intense pressure brought to bear by certain
Jewish groups on Mr. Irving goes far beyond preventing publishers from
publishing his work. Mr. Irving has been prevented from travelling to certain
countries, his speaking engagements have been disrupted and cancelled, his
contracts with other publishers have been voided, and he has been subjected to
physical intimidation.
While David Irving has to my
knowledge been a target of these organisations far more than any other author,
Jewish organisations in the U. S., and particularly the ADL have also attempted
to censor books critical of Israel and the pro-Israel lobby in the U.S. These
books include Paul Findley's They Dare to Speak Out (Wilcox, 1996, 82) dealing
with the activities of the pro-Israel lobby in the U. S., Victor Ostrovsky's By
Way of Deception which deals with Israeli intelligence operations, including
recruitment of Jews in foreign lands to act as spies for Israel, and Assault on
the Liberty by James Ennes on the role of Israel in the attack on the USS
Liberty during the 1967 war (recounted in They Dare to Speak Out by Paul
Findley). For example, an ADL official claimed that Findley's book "is a
work of Holocaust revisionism seeking to spread the claim that the Nazi
slaughter of Jews was a hoax" although it made no such claim (Wilcox, 1996,
82). The ADL is also actively engaged in attempting to censor the Internet
(Boston Globe, 3/25/99). Moreover, the ADL has flouted the law by engaging in
"espionage, disinformation and destabilisation operations, not only against
neo-Nazis and Ku Klux Klansmen, but against leftist and progressive groups as
well" (Laird Wilcox; Crying Wolf: Hate Crime Hoaxes in America, 1996, 7).
These activities include illegal penetration of confidential police files in San
Francisco and elsewhere. This story broke in early 1993.
Another example of behavior
by Jewish organisations that tends to chill free expression involved the
Canadian teacher Luba Fedorkiw. Running for the Canadian Parliament in 1984, she
"discovered to her utter amazement that B'nai B'rith Canada . . . had
circulated an internal memo which accused her of 'Jew-baiting!' " (Wilcox,
1996, 81-82). The allegation was repeated in the Winnipeg Sun along with the
assertion that she was being investigated by B'nai B'rith on suspicion of
anti-Semitism. The resulting defamation cost her the election to David Orlikow
and subjected her to malicious harassment. According to Ms. Fedorkiw, when the
investigation was publicised, she received obscene and harassing telephone
calls, a swastika was spray-painted on her campaign office and a number of her
political supporters withdrew their support. She sued for libel and won a
$400,000 judgement on the basis that it was false that she had said that her
opponent was "controlled by the Jews."
In my book, Separation and
Its Discontents: Toward an Evolutionary Analysis of Anti-Semitism I discuss
several other examples of Jewish activism aimed at suppressing criticism of
Jews, Judaism, or Israel. Media critic William Cash (1994), writing for the
British magazine The Spectator, described the Jewish media elite as
"culturally nihilist," suggesting that he believed Jewish media
influence reflects Jewish lack of concern for traditional cultural values. Kevin
Myers, a columnist for the British Sunday Telegraph (January 5, 1997) wrote that
"we should really be able to discuss Jews and their Jewishness, their
virtues or their vices, as one can any other identifiable group, without being
called anti-Semitic. Frankness does not feed anti-Semitism; secrecy, however,
does. The silence of sympathetic discretion can easily be misunderstood as a
conspiracy. It is time to be frank about Jews." MYERS goes on to note that
The Spectator was accused of anti-Semitism when it published the article by
William Cash (1994) referred to above. MYERS emphasised the point that Cash's
offence was that he had written that the cultural leaders of the United States
were Jews whose Jewishness remained beyond public discussion.
Cash stated that there is a
double standard in which a Jewish writer like Neal Gabler is able to refer to a
"Jewish cabal" while his own use of the phrase is described as
anti-Semitic. He also noted that while movies regularly portray negative
stereotypes of other ethnic groups, Cash's description of Jews as "fiercely
competitive" was regarded as anti-Semitic. As another example, actor Marlon
Brando repeated statements originally made in 1979 on a nationally televised
interview program to the effect that "Hollywood is run by Jews. It's owned
by Jews." The focus of the complaint was that Hollywood regularly portrays
negative stereotypes of other ethnic groups but not of Jews. Brando's remarks
were viewed as anti-Semitic by the Anti-Defamation League of B'nai B'rith (ADL)
and the Jewish Defence League (Los Angeles Times, April 9, 1996, F4).
These claims regarding
Hollywood are empirically verifiable claims, but the response of major Jewish
organisations has been to label the claims "anti-Semitic" and attempt
to ruin the careers of the people involved. Both Cash and Brando have apologized
for their remarks and, as part of their apologies, visited the Simon Wiesenthal
Centre in Los Angeles (Forward, April 26, 1996). (Cash's apology occurred some
two years after publication of his remarks.) The Forward article suggests that
Cash has had trouble publishing his work in the wake of the incident. Moreover,
the same issue of Forward reported that the publisher of Cash's comments,
Dominic Lawson, editor of the London Spectator, was prevented from publishing an
article on the birth of his Down Syndrome daughter in The New Republic when
Martin Peretz, the owner, and Leon Wieseltier, the literary editor, complained
about Lawson's publishing Cash's article. There is abundant evidence that Peretz
strongly identifies as a Jew that he has an unabashed policy of slanting his
journal toward positions favorable to Israel.
Similarly, Noam Chomsky, the
famous MIT linguist, describes his experience with the ADL:
In the United States a
rather effective system of intimidation has been developed to silence critique.
. . . Take the Anti-Defamation League. . . . It's actually an organisation
devoted to trying to defame and intimidate and silence people who criticise
current Israeli policies, whatever they may be. For example, I myself, through a
leak in the new England office of the Anti-Defamation League, was able to obtain
a copy of my file there. It's 150 pages, just like an FBI file, [consisting of]
interoffice memos warning that I'm going to show up here and there, surveillance
of talks that I give, comments and alleged transcripts of talks . . . [T]his
material has been circulated [and] . . . would be sent to some local group which
would use it to extract defamatory material which would then be circulated,
usually in unsigned pamphlets outside the place where I'd be speaking. . . . If
there's any comment in the press which they regard as insufficiently subservient
to the party line, there'll be a flood of letters, delegations, protests,
threats to withdraw advertising, etc. The politicians of course are directly
subjected to this, and they are also subjected to substantial financial
penalties if they don't go along. . . . This totally one-sided pressure and
this, by now, very effective system of vilification, lying, defamation, and
judicious use of funds in the political system . . . has created a highly biased
approach to the whole matter. (Chomsky 1988, 642-3) Consider also the comments
of columnist Joseph Sobran, who was forced out of his position as columnist at
National Review for remarks critical of Israel: The full story of [Pat
Buchanan's 1996 presidential] campaign is impossible to tell as long as it's
taboo to discuss Jewish interests as freely as we discuss those of the Christian
Right. Talking about American politics without mentioning the Jews is a little
like talking about the NBA without mentioning the Chicago Bulls. Not that the
Jews are all-powerful, let alone all bad. But they are successful, and therefore
powerful enough: and their power is unique in being off-limits to normal
criticism even when it's highly visible. They themselves behave as if their
success were a guilty secret, and they panic, and resort to accusations, as soon
as the subject is raised. Jewish control of the major media in the media age
makes the enforced silence both paradoxical and paralysing. Survival in public
life requires that you know all about it, but never refer to it. A hypocritical
etiquette forces us to pretend that the Jews are powerless victims; and if you
don't respect their victimhood, they'll destroy you. It's a phenomenal display
not of wickedness, really, but of fierce ethnocentrism, a sort of furtive racial
superpatriotism. (Sobran 1996, 3).
--------------------------------------------------------------------------------
DEBORAH LIPSTADT AS A JEWISH
ACTIVIST
I regard Deborah Lipstadt
more as an ethnic activist than a scholar. It is highly significant that
Lipstadt's book Denying the Holocaust was written with extensive aid from
various Jewish activist organisations, including the ADL. Lipstadt's book was
commissioned and published by The Vidal Sassoon International Centre for the
Study of Antisemitism of the Hebrew University of Jerusalem. In her
acknowledgements, she credits the research department of the ADL, the Simon
Wiesenthal Centre, the U.S. Holocaust Memorial Museum, the Institute for Jewish
Affairs (London), the Canadian Jewish Congress, and the American Jewish
Committee-all activist organisations.
Lipstadt is the Chair of the
Institute for Jewish Studies at Emory University. Historian Jacob Katz finds
that academic departments of Jewish studies are often linked to Jewish
nationalism: "The inhibitions of traditionalism, on the one hand, and a
tendency toward apologetics, on the other, can function as deterrents to
scholarly objectivity" (p. 84). The work of Jewish historians exhibits
"a defensiveness that continues to haunt so much of contemporary Jewish
activity" (1986, 85). Similarly the pre-eminent scholar of the Jewish
religion, Jacob Neusner, notes that "scholars drawn to the subject by
ethnic affiliation-Jews studying and teaching Jewish things to Jews- turn
themselves into ethnic cheer-leaders. The Jewish Studies classroom is a place
where Jews tell Jews why they should be Jewish (stressing "the
Holocaust" as a powerful reason) or rehearse the self-evident virtue of
being Jewish." (Times Literary Supplement, March 5, 1999).
Perhaps the best indication
of Lipstadt's Jewish activism is that she has served as Senior Editorial
Contributor at the Jewish Spectator, a Jewish publication for conservative,
religiously observant Jews. Her column, Tomer Devorah (Hebrew: Under Deborah's
Palm Tree), appears in every issue and touches on a wide range of Jewish issues,
including anti-Semitism, relations among Jews, and interpreting religious
holidays. In her column she has advocated greater understanding and usage of
Hebrew to promote Jewish identification, and, like many Jewish ethnic activists,
she is strongly opposed to intermarriage. "We must say to young people
'intermarriage is something that poses a dire threat to the future of the Jewish
community.'" Lipstadt writes that Conservative Rabbi Jack Moline was
"very brave" for saying that number one on a list of ten things Jewish
parents should say to their children is "I expect you to marry a Jew."
She suggests a number of strategies to prevent intermarriage, including trips to
Israel for teenagers and subsidising tuition at Jewish day schools (Jewish
Spectator, [Fall, 1991], 63).
In his recent book, The
Holocaust in American Life, Peter Novick clearly thinks of Lipstadt as an
activist, although not as extreme as some. He repeatedly cites her as an example
of a Holocaust propagandiser. He notes that in her book Beyond Belief: The
American Press and the Coming of the Holocaust 1933-1945, Lipstadt says Allied
Policy "bordered on complicity" motivated by "deep
antipathy" toward "contemptible Jews." Novick says that while
there is no scholarly consensus on the subject, "most professional
historians agree that "the comfortable morality tale . . . is simply bad
history: estimates of the number of those who might have been saved have been
greatly inflated, and the moralistic version ignores real constraints at the
time" (Novick, 1999, 48). Novick characterises Lipstadt as attributing the
failure of the press to emphasise Jewish suffering as motivated by "wilful
blindness, the result of inexcusable ignorance-or malice" (p. 65) despite
the fact that the concentration camp survivors encountered by Western
journalists (Dachau, Buchenwald) were 80% non-Jewish. Lipstadt is described as
an implacable pursuer of Nazi war criminals, stating that she would
"prosecute them if they had to be wheeled into the courtroom on a
stretcher" (p. 229). In a discussion of the well-recognized unreliability
of eye-witness testimony, Novick writes: "When evidence emerged that one
Holocaust memoir, highly praised for its authenticity, might have been
completely invented, Deborah Lipstadt, who used the memoir in her teaching of
the Holocaust, acknowledged that if this turned out to be the case, it 'might
complicate matters somewhat,' but insisted that it would still be 'powerful as a
novel.' " Truth is less important than the effectiveness of the message.
The intrusion of
ethnocentrism into historical scholarship is a well-recognized problem in Jewish
historiography, discussed at length in Separation and Its Discontents.
Historians such as Jacob Katz (1986) and Albert Lindemann (1997) have noted that
this type of behavior is commonplace in Jewish historiography. A central theme
of Katz's analysis - massively corroborated by Albert Lindemann's recent work,
Esau's Tears-is that historians of Judaism have often falsely portrayed the
beliefs of gentiles as irrational fantasies while portraying the behavior of
Jews as irrelevant to anti-Semitism. To quote the well-known political
scientist, Michael Walzer: "Living so long in exile and so often in danger,
we have cultivated a defensive and apologetic account, a censored story, of
Jewish religion and culture" (Walzer 1994, 6).
The salient point for me is
that Jewish historians who have been reasonably accused of bringing an
ethnocentric bias to their writing nevertheless are able to publish their work
with prestigious mainstream academic and commercial publishers, and they often
obtain jobs at prestigious academic institutions. A good example is Daniel
Goldhagen. In his written submission to the court on behalf of Deborah Lipstadt,
historian Richard Evans, describes Goldhagen's Hitler's Willing Executioners, as
a book which argues "in a crude and dogmatic fashion that virtually all
Germans had been murderous anti-Semites since the Middle Ages, had been longing
to exterminate the Jews for decades before Hitler came to power, and actively
enjoyed participating in the extermination when it began. The book has since
been exposed as a tissue of misrepresentation and misinterpretation, written in
shocking ignorance of the huge historical literature on the topic and making
numerous elementary mistakes in its interpretation of the documents."
These are exactly the types
of accusations levelled by Lipstadt at Irving. Yet Goldhagen maintains a
position at Harvard university; he is lionised in many quarters and his work has
been massively promoted in the media while his critics have come under pressure
from Jewish activist organisations (Guttenplan, 2000). Regarding the latter, in
an interview in the German magazine Der Spiegel, historian Ruth Bettina Birn
comments on the "unexampled campaign since 1995 to promote the Goldhagen
book. A literary first effort becomes a world sensation, and immediately the
newspapers start hinting that there's a Harvard professorship waiting for the
views his book propagates." She also comments on "the attempts to
stifle the criticism voiced by me and [her co-author, Norman] Finkelstein,"
including efforts to pressure her publisher to rescind publication of a book
critical of Goldhagen. The contrast between the treatment of Goldhagen and the
persecution of David Irving speaks volumes.
Because I am not a
historian, I am reluctant to pass judgement on the competence and integrity of
Mr. Irving as a historian. However, as indicated by my written statement to the
court, I have taken notice of the fact that some well-known historians have
praised his work and have been dismayed at the efforts to censor him-that it is
simply false that, as Lipstadt claims, "no legitimate historian takes David
Irving's work seriously." Indeed, based on my own reading of Irving, I
would venture the opinion that whatever the faults of books like Goebbels:
Mastermind of the Third Reich or Hitler's War in dealing with certain issues,
such as the role of Hitler in the Holocaust, there is no question in my mind
that any student of World War II would benefit from reading it-that, quite
simply, it is an indispensable resource for scholars.
What I find deeply
distressing as a scholar is that the pressure on St. Martin's Press exerted by
Lipstadt and Jewish organisations like the ADL occurred independently of the
content of the volume. The same Washington Post article referred to earlier in
quoting Lipstadt's support for the actions of St. Martin's Press noted that
several other companies had rejected the manuscript without having read it. The
effort to pressure St. Martin's press was spearheaded by Jewish ethnic activist
organisations and by newspaper columnists, such as Frank Rich of the New York
Times, who are not professional historians, and by people like Deborah Lipstadt
who do not have the expertise to evaluate a manuscript on Goebbels. In other
words, the effort occurred independently of the analytic content of the
manuscript and was therefore an illegitimate intrusion on free speech.
Therefore, even if the court comes to believe that the scholarly objections
raised, for example, in Richard Evans's report are valid, the fact remains that
this book was rescinded because of who Irving is-because his ideology conflicts
with that of some Jewish activist organisations, not because of its scholarship.
I find that utterly appalling.
Besides promoting Goldhagen
and attempting to censor his opponents, the ADL has also condemned responsible
scholarship that deviates from its version of the Holocaust. The ADL condemned
Hannah Arendt's Eichmann in Jerusalem as an "evil book", presumably
because, as Peter Novick (1999, 137) notes, her depiction of Eichmann
"could be read as trivialising the Israeli accomplishment and undermining
the claim that he was an appropriate symbol of eternal anti-Semitism."
Similarly, the ADL included Arno Mayor, author of Why Did the Heavens Not Darken
as a "Hitler apologist" because of his view that Hitler was motivated
more by anti-Bolshevism than anti-Semitism. The ADL claimed that Mayor's was an
example of "legitimate scholarship which relativises the genocide of the
Jews." Clearly Holocaust scholarship has been politicised to the point that
there are received dogmas whose truth is jealously defended by Jewish activist
organisations.
--------------------------------------------------------------------------------
DEBORAH LIPSTADT AND THE
UNIQUENESS OF THE HOLOCAUST
One such politicised dogma
is that the Holocaust is unique:
Civil Judaism's belief in
the Holocaust's uniqueness as being ultimately significant per se . . . thus
epitomises the type of belief for which religious faith is both famous and
infamous-a dogma. And like all such dogmatic beliefs, the more it is challenged,
the fiercer the faithful become in its defence. For them, the first of the Ten
Commandments has been revised: "The Holocaust is a jealous God; thou shalt
draw no parallels to it" (Goldberg 1995, 48; inner quote from Lopate [1989,
56 ]). The most commonly expressed grievance was the use of the words
"Holocaust" and "genocide" to describe other catastrophes.
This sense of grievance was rooted in the conviction, axiomatic in at least
"official" Jewish discourse, that the Holocaust was unique. Since Jews
recognized the Holocaust's uniqueness-that it was "incomparable,"
beyond any analogy-they had no occasion to compete with others; there could be
no contest over the incontestable. (Novick 1999, 195) As Novick notes (1999,
196), one can always find ways in which any historical event is unique. However,
in Lipstadt's eyes, any comparison of the Holocaust with other genocidal actions
is not only factually wrong but also morally impermissible and therefore the
appropriate target of censorship. Lipstadt clearly places herself among those
who would not merely criticise but censor scholarship that places the Holocaust
in a comparative framework-i.e., scholarship that questions the uniqueness of
the Holocaust (Novick, 1999, 259). Novick (1999, 330n.107) quotes Lipstadt as
follows: Denial of the uniqueness of the Holocaust is "far more insidious
than outright denial. It nurtures and is nurtured by Holocaust-denial." In
Denying the Holocaust, Lipstadt castigates Ernst Nolte and other historians who
have "compared the Holocaust to a variety of other twentieth-century
outrages, including the Armenian massacres that began in 1915, Stalin's gulags,
U.S. policies in Vietnam, the Soviet occupation of Afghanistan, and the Pol Pot
atrocities in the former Kampuchea" (Lipstadt, 1993, p. 211). Lipstadt
calls these "attempts to create such immoral equivalencies." In the
section on the uniqueness of the Holocaust, she cites approvingly the claim that
"the Nazis' annihilation of the Jews . . . was 'a gratuitous [i.e., without
cause or justification] act carried out by a prosperous, advanced industrial
nation at the height of its power'" (p. 212). The inner quote is from
Richard Evans' In Hitler's Shadow (p. 87). (Evans is an expert witness for the
defence in this case.) While there are different meanings one might attribute to
this, I take it as an attempt to make the actions of the Nazis completely
independent of the behavior of Jews. In my view, such a position is untenable
and is part of a common tendency among Jewish historians of Judaism to ignore,
minimise, or rationalise the role of Jewish behavior in producing anti-Semitism.
This is a major theme of Separation and Its Discontents: Toward an Evolutionary
Theory of Anti-Semitism.
From my perspective as an
evolutionist, bloody and violent ethnic conflict has been a recurrent theme
throughout history. The attempt to say it is unique is an attempt to remove the
Holocaust from the sphere of scholarly research, interpretation and debate and
move into the realm of religious dogma, much as the resurrection of Jesus is an
article of faith for much or Christianity. By accepting the type of censorship
promoted by Lipstadt's writings we are literally entering a new period of the
Inquisition wherein religious dogma rather than open scientific debate is the
criterion of truth.
Peter Novick has a great
deal of interesting material on the political campaign for the uniqueness of the
Holocaust. In the same discussion where he comments on Lipstadt's statements on
the uniqueness of the Holocaust, he notes Elie Wiesel's idea of Holocaust
"as a sacred mystery, whose secrets were confined to a priesthood of
survivors. In a diffuse way, however, the assertion that the Holocaust was a
holy event that resisted profane representation, that it was uniquely
inaccessible to explanation or understanding, that survivors had privileged
interpretive authority-all these themes continued to resonate." (i.e., in
recent years) (Novick, 1999, 211-212).
Novick also describes a
massive campaign to make the Holocaust a specifically Jewish event and to
downplay the victim status of other groups. Speaking of 11 million victims was
clearly unacceptable to [Elie] Wiesel and others for whom the "big
truth" about the Holocaust was its Jewish specificity. They responded to
the expansion of the victims of the Holocaust to eleven million the way devout
Christians would respond to the expansion of the victims of the Crucifixion to
three-the Son of God and two thieves. Wiesel's forces mobilised, both inside and
outside the Holocaust Council, to ensure that, despite the executive order,
their definition would prevail. Though Jewish survivors of the Holocaust had no
role in the initiative that created the museum, they came, under the leadership
of Wiesel, to dominate the council-morally, if not numerically. When one
survivor, Sigmund Strochlitz, was sworn in as a council member, he announced
that it was "unreasonable and inappropriate to ask survivors to share the
term Holocaust . . . to equate our suffering . . . with others." At one
council meeting, another survivor, Kalman Sultanik, was asked whether Daniel
Trocme, murdered at Maidanek for rescuing Jews and honoured at Yad Vashem as a
Righteous Gentile, could be remembered in the museum's Hall of Remembrance.
"No," said Sultanik, because "he didn't die as a Jew. . . . The
six million Jews . . . died differently." (Novick 1999, 219) Activists
insisted on the "incomprehensibility and inexplicability of the
Holocaust" (Novick 1999, 178). "Even many observant Jews are often
willing to discuss the founding myths of Judaism naturalistically-subject them
to rational, scholarly analysis. But they're unwilling to adopt this mode of
thought when it comes to the 'inexplicable mystery' of the Holocaust, where
rational analysis is seen as inappropriate or sacrilegious" (p. 200). Elie
Wiesel "sees the Holocaust as 'equal to the revelation at Sinai' in its
religious significance; attempts to 'desanctify' or 'demystify' the Holocaust
are, he says, a subtle form of anti-Semitism" (Novick 1999, 201). A 1998
survey found that "remembrance of the Holocaust" was listed as
"extremely important" or "very important" to Jewish
identity-far more often than anything else, such as synagogue attendance, travel
to Israel, etc. Reflecting this insistence on the uniqueness of the Holocaust,
Jewish organisations and Israeli diplomats co-operated to block the U.S.
Congress from commemorating Armenian genocide. "Since Jews recognized the
Holocaust's uniqueness-that it was 'incomparable,' beyond any analogy-they had
no occasion to compete with others; there could be no contest over the
incontestable" (p. 195). Abraham Foxman, head of the ADL, stated the
Holocaust is "not simply one example of genocide but a near successful
attempt on the life of God's chosen children and, thus, on God himself" (p.
199).
Novick has also shown how
the Holocaust successfully serves Jewish political interests. The Holocaust was
originally promoted to rally support for Israel following the 1967 and 1973
Arab-Israeli wars; "Jewish organisations . . . [portrayed] Israel's
difficulties as stemming from the world's having forgotten the Holocaust. The
Holocaust framework allowed one to put aside as irrelevant any legitimate ground
for criticizing Israel, to avoid even considering the possibility that the
rights and wrongs were complex" (p. 155). As the threat to Israel subsided,
the Holocaust was promoted as the main source of Jewish identity and in the
effort to combat assimilation and intermarriage among Jews. During this period,
the Holocaust was also promoted among gentiles as an antidote to anti-Semitism.
In recent years this has involved a large scale educational effort (including
mandated courses in the public schools of several states) spearheaded by Jewish
organisations and manned by thousands of Holocaust professionals aimed at
conveying the lesson that "tolerance and diversity [are] good; hate [is]
bad, the overall rubric [is] 'man's inhumanity to man'" (pp. 258-259). The
Holocaust has thus become an instrument of Jewish ethnic interests as a symbol
intended to create moral revulsion at violence directed at minority ethnic
groups-prototypically the Jews.
A PLEA FOR TOLERANCE OF
HETERODOXY
Irving, like many
historians, may indeed see events through a filter of personal political and
intellectual convictions, and this may even lead him, perhaps unconsciously, to
interpret his data in a particular way. This is a commonly acknowledged
difficulty that afflicts all of the social sciences, and Jewish social
scientists have certainly not been immune from these tendencies. I have already
commented on the many examples of the historiography of Jewish history written
by Jews in which there are clear apologetic tendencies-tendencies to view the
Jewish in-group in a favourable manner and to pathologize anti-Semitism as
irrational and completely unrelated to the actual behavior of Jews. These works
have been published by the most prestigious academic and commercial presses. It
is noteworthy that Albert Lindemann's examples of biased historical research
include the work of Jewish Holocaust historians Lucy Dawidowicz and Daniel J.
Goldhagen-a clear indication that the area of Holocaust studies remains
politically charged. Moreover, in The Culture of Critique I describe several
highly influential intellectual movements (Basin anthropology, Freudian
psychoanalysis, the Frankfurt School of Social Research) that presented
themselves as science but were strongly influenced the Jewish ethnic agendas of
their founders, particularly combating anti-Semitism.
Intellectual blinders and
political agendas are a fact of academic life. However, even were it to be
proved that David Irving does indeed bring a certain set of biases to his work,
even the most biased researchers may well contribute invaluable scholarship.
Science emerges when the work of all investigators becomes part of the
marketplace of ideas and when scholars are not vilified and their scholarship
censored simply because their conclusions fly in the face of contemporary
orthodoxy.
REFERENCES
Cash, W. (1994). Kings of
the deal. The Spectator (29 October):14-16.
Chomsky, N. (1988). Language
and Politics. Black Rose Books: Montreal-New York.
Goldberg, M. (1995). Why
should Jews survive? Looking past the Holocaust toward a Jewish future. New
York: Oxford University Press.
Guttenplan, D. D. (Feb.
2000). The Holocaust on trial. Atlantic Monthly, 45-66.
Katz, J. (1986). Jewish
Emancipation and Self-Emancipation. Philadelphia: Jewish Publication Society of
America.
Levy, R. S. (1975). The
Downfall of the Anti-Semitic Political Parties in Imperial Germany. New Haven:
Yale University Press.
Lopate, P. (1989).
Resistance to the Holocaust, Tikkun 3(4), 56).
Lindemann, A. S. (1998).
Esau's Tears. New York: Cambridge University Press.
Raging, S. (1980). Jewish
Responses to Anti-Semitism in Germany, 1870-1914. Cincinnati: Hebrew Union
College Press.
Sobran, J. (1996). The
Buchanan frenzy. Sobran's (March):3-4.
Walzer, M. (1994). Toward a
new realization of Jewishness. Congress Monthly 61(4):3-6.
John Sack, a
man of courage, integrity and honor.
One of the
few and the best!

John Sack and his famous book
Behind
An Eye for An Eye
Revenge,
Hate and History
John Sack
Three years ago I was
scheduled to speak at the United States Holocaust Memorial Museum. The speech
was announced in this brochure and also on the Internet. But then the Museum
canceled it.
For the next forty-five
minutes, I'll say here what I'd planned to say at the Holocaust Museum, and
then, just as I'd have done at the Museum, I'll stay here as long as you'd like,
answering questions. The audience at the Museum would have been historians,
mostly, and I'd have said something like ...
Thank you. Thank you for
inviting me, thank you for listening to me. What I'm going to talk about
happened fifty years ago. And for fifty years, no one, no historian, no one at
all has spoken about it in public anywhere in the world. Not until now.
Now myself, I'm not an
historian, I'm a reporter. And what I write is the raw material of history,
something that historians will -- I hope -- someday make some sense of. I go
places. I watch events. I listen to people. And then I tell stories. And I'll
start by telling one now. A true story about a teenage girl.
Lola
Blonde hair, brown eyes,
very pretty. In high school she's doing the flying rings, trapeze, acting in
Snow White and the Seven Dwarfs. She's one of the title characters. She comes
home. She's skipping through the streets singing, "On the Good Ship
Lollipop ..." Not exactly. She's really singing [in accented English],
"On the Good Ship Lollipop ..." Because she's a Polish girl, and she's
in Bedzin, Poland, in the 1930s. Her name is Lola Potok.
And when she's 18 years old,
the Nazis invade. Lola is put on a train to the town of Oswiecim -- we know it
as Auschwitz. Her baby, one year old, is ripped from her arms; she never sees
the baby again. She isn't sent to the cyanide chamber, but her mother is. Her
mother is killed, her brother and sister, nieces and nephews are killed.
Fourteen people.
(You know, I wasn't going to
say this at the Holocaust Museum, but in this particular room I know there are
people who don't believe there were cyanide chambers at Auschwitz. I believe,
and Lola believes, there were cyanide chambers at Auschwitz.)
Her mother was killed. Her
brother and sister, nieces and nephews were killed. Fourteen people. The one
brother at Auschwitz who's still alive stands on the gallows and says in
Yiddish, "Nem nekumah! Take revenge!" Then he's hanged.
Revenge
In January 1945, Lola
escapes. She weighs sixty-six pounds. Her eyes are hollow. Her hair is this
short. Her back has been broken. Her hand is mangled. She's wearing two left
shoes. All the people she loves are dead, or she thinks so, and she is just
bursting with hate. She wants to release that hate, to spew it onto the Germans.
One of her childhood friends is in the Polish government, and Lola goes to him
and tells him, "I want revenge."
And two months later the war
is still going on, and Lola is now in Germany, the part occupied by the Russians
and administered by the Poles. Lola's in an olive-colored uniform. On her jacket
are brass buttons. On her collar, what the GIs call scrambled eggs. On her
shoulders are stars. On her hip is a Luger. Lola is working for the Polish
government, she is the commandant of a prison for Germans, and she is attempting
to take revenge for the Holocaust.
Now, Lola is a Jewish girl.
She's studied the Torah, and the Torah says, "You shall not take
revenge." Lola knows that. She's disobeying that. But is there any of us
here who'd condemn her? Any of us who can't understand her? I can understand
her, and I can have rachmanis, compassion, for her.
I met Lola Potok. It was in
April 1986. I'm living in Hollywood. I'm a writer, and I have a meeting at
Paramount. And the secretary there, she's reading something I wrote about the
Billionaire Boys Club. She tells me, "I like it. It reminds me of my
family."
I say, "The Billionaire
Boys Club? Your family?" Secretary says, "Yes, all those murders. My
mother, Lola, was at Auschwitz." I say, "Oh." Secretary says,
"And after that, my mother commanded a prison full of Nazis." I say,
"What? She commanded ..." I say, "Do you know there's a movie
there?" I say, "You should tell Lynda," Lynda is the producer,
the secretary's boss, but the secretary tells me, "I know there's a movie.
I won't tell Lynda. I want to produce it myself!"
There's a saying in
Hollywood: a producer is someone, anyone, who knows a writer. I'm a writer, the
secretary knows me, and therefore she's a producer. We're in business together.
The deal is, I'll write a magazine article on Lola, her mother, and the
secretary will make a movie from it.
Cut. A few days later.
Hollywood, the Moustache Cafe. I'm having spinach crepe. I'm having dinner with
Lola. An elegant woman. Coral lipstick, black eyeliner, like on a femme fatale.
Speaks five languages fluently. She's sixty-six years old. And Lola starts
telling me her story.
Gleiwitz
At the end of World War II,
she tells me, she commanded a prison in Gleiwitz, Germany. She says the inmates
were German soldiers. But she says some were Nazis, even SS, pretending to be
German soldiers, and Lola was looking for them. Looking for Höss and Hössler,
the commandants at Auschwitz. Looking for Mengele, the man who once said to her
mother, "Go left, you die"; who said to Lola, "Go right, you
live." And if Lola ever found him, she didn't know what she'd do. But she'd
do it.
And Lola tells me: One day
in her prison she found a Gestapo man. Fat, forty years old. Under his arm was a
tattoo. It said A or B. It was his blood type. Everyone in the Gestapo had it.
Lola freaked out. She started screaming, "Du schmutziges Schwein! Du
verfluchtes Schwein! Du ... How many Jews did you kill?" She slapped him.
The man was down on the floor. He was hugging her boots, saying, "Gnade!
Gnade! Have mercy on me!," and Lola was kicking him and kicking ...
This story of Lola's: Is
there anyone here who likes it? I didn't like it. I didn't want to write it. I
thought it was ugly. Lola didn't like it. She told me her mother, if she were
alive, wouldn't like it. Her mother used to read to her from the Torah and tell
her, "You mustn't hate. It only hurts you. It corrodes your soul."
And Lola said that after
some months in Gleiwitz, she remembered this. She was in the prison one day. And
there was a Jewish guard there. His face was red. His teeth were bare. There was
spit on his teeth. Ugly, ugly. The man had a whip. He was screaming in Polish,
"You son of a whore." He was whipping a German prisoner. Lola said,
"Stop." Lola said, "Why are you whipping him?" The man said,
"Well, the Germans did it to me!" Lola said, "And now you hate
them?" The man said, "I despise them!" Lola said, "Well, if
you despise them, why do you want to be like them?" Because to Lola, to
Lola, this man, this Jew, he looked, talked, acted just like the Nazis she'd
known at Auschwitz.
At that time, Lola didn't
care about the Germans, the German prisoners. They could have dropped dead for
all she cared. But she told me she cared about the Jewish guard. For years the
Nazis had called him a pig, a dog, and if now he'd truly become a beast, then
who had won, the Jew or the Nazis? So according to Lola, she called all the
guards to her office and said to them that from now on, we'll treat the Germans
like human beings. And from then on, Lola told me, that's what she did.
Writing
Lola's Story
Now, this story I liked. If
it was true, this was a story worth telling. I had this dream: maybe the Serbs
and Croats will read it, the Irish Catholics and Protestants will read it, the
Hutus and Tutsis, the Israelis and Palestinians ... Maybe they'll read it, and
maybe they'll learn, as Lola did, that to hate your neighbors may or may not
destroy them, but it does destroy yourself. And maybe these people will stop
their revenge, stop their genocide.
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