At sp!ked, Angus Kennedy explains why open debate and free speech is a far better solution to holocaust denial than hate speech laws and officially sanctioned “truth”:
Firstly, I think that genocide denial has always been something of a shrill brand rather a real force in the world. It had it’s heyday in 1970s France with Robert Faurisson, a rather lame literary critic in the south of France who denied the Holocaust, and was taken apart by, among other people, the French classicist and structuralist Pierre Vidal-Naquet, who was also a left-winger. Vidal-Naquet did not call for the legal prohibition of denial; instead he argued that contempt is a much more effective weapon. Similarly, Deborah Lipstadt, the author of History on Trial: My Day In Court With David Irving (2005), rails against genocide denial but is still opposed to criminalising it, shuddering at the thought ‘that politicians might be given the power to legislate on history’. I think that is a useful point to bear in mind.
The decision of whether or not to criminalise genocide denial is, in a way, the key free speech issue, the fundamental taboo. In that sense, it’s interesting that there continue to be movements by governments to make genocide denial illegal. France will probably try to push through the genocide denial law, despite it being overturned by its constitutional court, and argue for restrictions on what the French can and cannot say.
To make it clear, I’m completely opposed to criminalisation of speech or, to be more accurate, criminalisation of an idea — because that’s what this is. This is governments saying that a certain idea — genocide denial — should be illegal. I don’t think history is a matter for judges; it’s a matter for historians. I think that the completely unrestricted and absolute right to free speech is simply the best method we’ve got for getting closer to historical truth with a capital ‘T’. We should not be criminalising ideas; we should never be pragmatic about where we extend tolerance — it is a principal to be defended at all costs.
