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Culture War Roundup for the week of October 10, 2022

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Yes, they have. Almost exclusively in Europe but now in Canada as well since Holocaust denial was outlawed just this year. This lawsuit may portend the beginning of similar lawsuits against Holocaust deniers in the United States.

This is my biggest concern from the Jones trial. The billion in damages potentially anchors future juries and courts on what is essentially a political reprisal. In a world where a billion in damages is considered justice, it's easy to image a world were a million dollar in damages is demanded from a Holocaust denier.

Probably the most relevant example is the various organizations and individual literary scholars who have questioned the authenticity of the Anne Frank diaries - many have been successfully sued by Otto Frank and the Anne Frank House for defamation abroad.

Historically, in the United States, Revisionists have been able to get away with questioning the authenticity of the Anne Frank diaries. But with a billion in damages against Jones, it won't be surprising to see the Holocaust industry emboldened to bring civil lawsuits against Holocaust deniers for questioning the Anne Frank story.

It so happens that in August, Revisionists published another work on the Anne Frank diaries which I am reading now. Maybe I'll write a review, it's an interesting controversy.

It wouldn't surprise me if in the future we see lawsuits against Revisionists.

As for me, I would certainly satisfy the standards of @KnotGoel (if I had reach). There are famous survivors and witnesses I would call major liars - like Irene Zisblatt who featured prominently in Steven Spielberg's film The Last Days.

There is no way in 1000 years that someone can be successfully sued in the US for simply claiming that the Ann Frank diaries are not authentic, unless they target a particular person and claim that he or she faked them. And even then, any damages that person would suffer would be likely be relatively low.

Of course, if someone aids and abets a campaign of harassment against that person, that would be a different matter. But that is what takes it out of the realm of mere advocacy of an idea (the Holocaust didn't happen; the diary is fake; Sandy Hook was a hoax), which is protected speech, and into the realm of defamation or another tort.

Of course, if someone aids and abets a campaign of harassment against that person

What would this consist of, exactly? I think this is the area most ripe for attack. Under the theory of stocahastic terrorism, public criticism itself, however valid, could certainly be considered "aiding and abetting a campaign of public harassment."

There is no way in 1000 years that someone can be successfully sued in the US for simply claiming that the Ann Frank diaries are not authentic, unless they target a particular person and claim that he or she faked them.

"Defamation" (stating insufficiently contexualized facts) of a person dead for more than a millenium, is illegal in Austria.

  1. That is not a defamation case. It is a hate speech case.

  2. I specifically said "in the US."

  3. US courts will not enforce a foreign judgment imposing liability for speech protected in the US

$1 billion is enough so silence anyone , save for a multi-billionaire or a media conglomerate.