What is it about?

This chapter begins by providing a general contextualisation of hate speech and the controversies around it. It then asks two questions: is Holocaust denial a form of hate speech? If the answer is positive, should Holocaust denial be banned? Section II explains what is hate speech. Section III is concerned with the relationship between hate speech and hate crime. Section IV discusses Holocaust denial, explains why it is a form of hate speech and why it cannot and should not be protected by the Free Speech Principle. Appropriate legislation should be in place to bar it. Countries that suffered from the Nazi terror legislated against Holocaust denial.

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Why is it important?

Hate speech and Holocaust denial incite hate crimes. This paper raises awareness of the harm of hate speech and Holocaust denial. These forms of speech lead to racism and tangible harm.

Perspectives

This past year I have been writing a series of articles on Holocaust denial. The first concerns school teachers who “educate” their pupils that the Holocaust did not exist, arguing that this abuse of the role of educator should not be permitted (Cohen-Almagor, 2023b). The second article shows that the roots of Holocaust denial are rooted in the Holocaust (Cohen-Almagor, 2024a). The third article shows the similarity between liberal-absolutist arguments for free speech and the arguments made by Holocaust deniers (Cohen-Almagor, 2024b). The fourth article holds that hate speech bans promote democracy (Cohen-Almagor, 2024). This chapter argues that Holocaust denial is a harmful and hateful speech, that it should be taken seriously and that legislation is appropriate to bar it. First, I define hate speech and argue that this speech is closely connected to hate crime. Subsequently I discuss Holocaust denial and some of the false arguments that deniers promote. My argument is that with due appreciation for our liberal innate inclination to provide wide latitude to freedom of expression, we must also acknowledge the need for setting limits. Contra to the liberal argument, I believe that freedom of speech and - indeed - any freedom, is divisible. We should not treat hate-mongers in a neutral fashion. Education might not be sufficient to redress the harm in Holocaust denial. Therefore, legislation is in place to counter that speech.

Professor Raphael Cohen-Almagor
Hebrew University of Jerusalem

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This page is a summary of: The Harm in Hate Speech and in Holocaust Denial, SSRN Electronic Journal, January 2023, Elsevier,
DOI: 10.2139/ssrn.4630218.
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