The American Court Ruling against Holocaust Denial

In my article on Saturday reviewing the book Genocide: A Critical Bibliographic Review, edited by Israel W. Charny (London: Mansell Publishing 1991) I mentioned that amongst its contents, the chapter on Holocaust Denial has a passage describing how a Neo-Nazi rag in America was successfully sued over the issue of the existence of the Holocaust. The rag stated it never happened, and challenged people to prove that it had. One man did, and when the magazine refused to pay out the sum it had promised to pay, took them to court. The judge ruled in his favour, and stated that it was more than adequately demonstrated that the Shoah was historical fact. Here’s the passage:

Verdict of an American Judge on the Offer to pay $50,000 for Proof that the Nazis Gassed Jews

In the United States, the Institute for Historical Review offered to pay fifty thousand dollars to anyone who would be able to “prove” that the Nazis gassed Jews. IHR advertised this challenge in Los Angeles at their September 2, 1979 International Revisionist Conference. Such proof was provided by Mr. Mel Mermelstein, who now lives in Huntington Beach, California, and whose family died in the Birkenau gas chambers, but the institute refused to accept the proof or pay Mermelstein the money. Mermelstein sued them, and the result was an official statement by Judge Thomas Johnson, on October 9, 1981 in Lost Angeles Superior Court, that that “This court does take judicial notice of the fact that Jews were gassed to death at Auschwitz Concentration Camp in Poland” and that the Holocaust is not reasonably subject to dispute. “It is capable of immediate and accurate determination by resort to sources of reasonable indisputable accuracy. It is simply a fact.”

Despite this unequivocal statement of the Superior Court, the IHR still did not pay Mermelstein, but Mermelstein sought further relief in the Courts. Judge Robert Wenke in Los Angeles Superior Court approved the settlement that called for the IHR to pay the Auschwitz survivor. As reported in the New York Times, “The institute, which says the Holocaust never happened, must also pay Mr. Mermelstein $100,000 for the pain and suffering caused by the reward offer.”

Mr. Mermelstein’s lawyer, Gloria Allred, stated:

Mr. Mermelstein’s victory in this case will now send a clear message to all those throught the world who attempt to destroy history and inflict misery and suffering on Jews, that the survivors of the Holocaust will fight back through the legal system to protect themselves and vindicate the truth about their lives. (p. 55).

This hasn’t stopped Nazis repeating their despicable claim that it never occurred, or that it somehow was much smaller than the 6 million or so Jews killed in the death camps. But it does mean that, at least under American law, and certainly under German and Austrian legislation, they are peddling a lie. The IHR were fortunate. As Americans, they only had to pay out $50,000, plus no doubt costs and damages for their refusal to do so. In Germany and Austria, and a number of other European countries, Holocaust Denial is a crime, for which you can be imprisoned. Considering the disgusting nature of their claim, the IHR got off very lightly.

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2 Responses to “The American Court Ruling against Holocaust Denial”

  1. 61chrissterry Says:

    Reblogged this on 61chrissterry.

  2. joanna Says:

    Hi Beast, hasn’t this judge denied the 1st Amendment? Personally I think he was right, but if he can bypass the 1st Amendment, wouldn’t that set a dangerous precedent, for those who rely on free speech, for whatever reason? This weekend I have been searching about Scientology, and why it is allowed to continue, a lot of the arguments have been based soley on the 1st amendment rights. They are so big and powerful, they have got the IRS cowering, they have bombarded the IRS with hundreds of lawsuits and they have silently terrorised many of the IRS workers, that the IRS has had to back down, even the FBI and CIA can’t touch them!

    I think, if the Holocaust deniers take their case to the supreme court, as distasteful as it is to consider, they will win, because of Free speech!

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