Holocaust Denial and the Law

Assessing Judicial Empowerment

“…There are, however, exceptions worthy of note. Some scholars have moved beyond doctrinal analysis in seeking to describe and explain patterns of convergence and divergence in free speech law across nations (Barendt 2012;Belavusau 2013;Bleich 2011Bleich , 2014Gelber 2016;Kahn 2004;Stone 2011;Stone et al 2014). Others have investigated the diverse array of political actors who invoke constitutional free speech rights.…”

Do we need the criminalization of medical fake news?

“…I believe that it will be easier to consider this proposition considering that provisions criminalizing fake news already exist in the legal system. One such crime, present in many legal systems, is Holocaust denial (Kahn 2004 ; Teachout 2005 ; Pech 2009 ). However, there are arguments that such provisions should be repealed (Singer 2016 ).…”

Law and Memory: Towards Legal Governance of History, edited by Uladzislau Belavusau and Aleksandra Gliszczyńska-Grabias, Cambridge, Cambridge University Press, 2017, 458 pages, $125.00 (hardcover), ISBN 9781107188754

“…The inherent tensions between memory laws and free-speech protections, as well as the practical probity of imposing limits on how the past may be remembered, have drawn considerable attention from philosophers and theorists (see Heinze, this volume). They have also garnered the notice of legal experts (Kahn 2004). More generally, mnemonic studies as a distinctive interdisciplinary field has grown by leaps and bounds over the course of the last few decades, although it has by and large remained rooted in the humanities and thus focused on how individuals or groups relate to the past.…”