If everything you said about the intellectual bankruptcy of holocaust deniers is true, why would legislation against holocaust denial, or extension of existing laws to include holocaust denial, be a recent phenomenon? You say that holocaust denial had been around long before there were laws against it. The Faurisson affair happened twelve years before the Gayssot laws? In your opinion, Faurisson and his ilk had been given far more credibility than they deserved back in the day and they squandered their fifteen minutes of fame by advancing completely unconvincing arguments wrapped in anti-semitic propaganda?
Why didn't holocaust denial collapse under it's own foolishness when it had it's day in the sun? Under your model, holocaust denial emerged and began attracting attention. It enjoyed unfettered freedom initially and was even given far more serious consideration than it deserved in both academia and the court of public opinion. Unfortunately for the holocaust deniers, the foolishness of their arguments was recognized by everybody as such and the movement lost all respect and began it's slow collapse into obscurity. Then, a decade or so following the rise and fall of the denial movement, politicians opened their eyes to the growing threat of this weakening movement and began passing laws against it. Holocaust deniers are now getting old and dying off. Their arguments are stale and repetitious. There hasn't been any original research recently and no rising stars of the movement. It's universally regarded as a farce. In response, the number of countries banning holocaust denial continue to grow.
If holocaust denial is such a laughing stock, why is it a threat? If it's not a threat, why are there laws against it?
Why do you assume that incitement to racial hatred legislation was expanded to include HD because it was a threat
intellectually?
The reasons why anti-HD laws were passed or extended in France, Germany and elsewhere are quite obviously because far right parties in various countries sought to instrumentalise denial as political propaganda, and in the case of Germany, this very much coincided with an upsurge in extreme right violence. The reasoning in the German media and among legislators was, these neo-Nazis are yelping about the Holocaust, let's take their rattle away, and by the way let's crack down on this street violence which is killing asylum seekers.
Alas, it is not very easy to have an honest discussion about these laws with "revisionists" because most of them are in denial about this connection with neo-Nazism. But who organised the Leuchter-Irving tours in Germany in the early 1990s,
Ewald Althans and
Christian Worch, part of the
Michael Kuehnen network in the Kameradschaften. Irving was prosecuted and convicted in Germany for what were pretty much public-order offences, i.e. giving speeches at rallies which were held in the open. At the time, the same people attending these rallies, and the same organisers, were orchestrating actual street violence.
The early 90s were undoubtedly a peak time for far-right activism in several continental countries, and also a peak time for denier agitation and propaganda. That's why anti-denial laws were passed or tightened around then, in France (1990), in Austria (1992), in Switzerland (about 1995), Belgium (1995), the lex Deckert revision in Germany (1995).... are you spotting a pattern yet?
The EU included a provision against denial in a
1996 resolution, which was interpreted by the Atlantic nations (UK, Netherlands, Scandinavia) to refer only to cases of outright incitement, whereas countries with a more traditionally continental-Napoleonic legal tradition have interpreted the prohibition on racist utterances (of all kinds) in a much more extensive fashion, in the cases of Germany very much building on past laws against collective libel.
Virtually all these laws have been part of larger packages of anti-racist legislation which became necessary, in the eyes of legislators, because of an increase in racism. By prohibiting HD it became very unattractive for the far right as a whole to engage in outright neo-Nazism.
After 1996, other countries followed suit with various revised laws, especially in Eastern Europe, which have hardly had any occasion to use them, by and large. The greatest number of cases have been in France, almost all in the 1990s, and in Germany, where the application of article 130 has been more extensive because there just are that many headbangers over there.
The demise of denial as a major force actually has a lot to do with changing political trends on the far right. Once a number of far right parties stopped flirting with denial, it lost a lot of its raison d'etre, because historically it has functioned primarily as far-right propaganda. This is undeniable. The 80s were a kind of aberration in this pattern, only because the Faurisson affair attracted a bunch of other cranks to the party.
Around the mid-90s, it became obvious to the majority of far right parties that Hitler worship was electorally suicidal. Thus a number of parties rebranded themselves, a la the SPD in the 1950s with the Bad Godesberg program, so that a new far right emerged, which has proven much more electorally successful and is not always seen as mired in a neo-Nazi past. The BNP tried to do this in the UK - Nick Griffin tried to reinvent himself and reposition the party away from what can be considered extreme right dogmas like antisemitism, whereas in the 80s, Griffin was a headbanging Holocaust denier and outright nutzi. But this didn't work so well.
The NPD in Germany likewise tried to reposition itself after the catastrophic electoral results under Guenter Deckert, who was obsessed with the Holocaust and the Nazi past at a time when this was simply not resonating with the German public, and seemed more and more out of date. So Udo Voigt rebranded the NPD, and thus they achieved some local election successes, by seeming more mainstream and emphasising economic policies more than simply banging on about the Good Old Days. I've no doubt that many in the NPD remain emotionally attached to the Fuehrer, and their activists have supported Ahmadinejad and Iran when that blew up, but they know that in the current climate, it is not really worth promoting denial as it will cost them votes and activists.
None of this applies to the US, of course, and also doesn't really apply to the UK.
In Britain, there was talk in Blair's first term regarding whether to criminalise denial or not, but this was rejected more or less at the same time as Irving vs Lipstadt, by 2000. Until 2000, Irving et al were not prosecuted under incitement to racial hatred legislation (which dates back to the 1960s Race Relations Acts), they could deny the Holocaust all they wanted. But a few extremely repellent characters have been convicted for the antisemitic baggage and trappings, like Simon Sheperd, owner of heretical.com, who has been convicted for incitement twice. Nick Griffin was also convicted for incitement in his early days, but was acquitted more recently of charges of inciting hatred against Muslims. And then Muslims have also been convicted of incitement. Incitement is a public order offence and is triggered by overt expressions which may lead to violence or disorder. By definition, a Holocaust denial book would not qualify under the UK law of incitement.
The Irving-Lipstadt trial was a source of pride in the UK since we felt that we'd dealt with the problem of HD propaganda without needing to go the legal route, as on the continent. And thus, when Germany issued an EU arrest warrant for Fredrick Toben, there was no appetite to extradite him, even though everyone thought he was an idiot a-hole.
In the US, denial is protected by the First Amendment, so anyone can say whatever they want.
That's where the intellectual battle was ultimately lost by 'revisionists', because there were absolutely no legal barriers whatsoever in America to the propagation of 'revisionism', not then, not now. But denial has manifestly failed to make any serious inroads into US public opinion, even on the fringes, since the alternative-CTscene is too enamoured of an infinity of different lunacies and HD cannot compete for market share. And whenever someone is found out to be a Holocaust denier, then this is publicised, and simple PR dictates that it's not worth the candle. So people like Alex Jones become a bigger barrier to the propagation of HD in America than the ADL, frankly.
It's not like there are that many productive 'revisionists' in America anyway. The IHR stopped producing its journal 9 years ago, Mark Weber announced the IHR was essentially abandoning revisionism two years ago, David Irving is still something of a draw on the speeches circuit for a certain milieu, but
he's abandoned hardcore denial, too.
That leaves the outright nutzis, who remain pretty hardcore in the US and thus totally marginalised, and a certain number of loonies who swallow HD along with the rest of the loony package, who babble about the Illuminati and whatnot. We have a couple of examples posting on this thread.
Face it, HD is kind of a retro thing now. It had its brief moment in the sun (a few talk shows in the early 90s in the US, basically), and now it's passe. Other whackiness seems more topical and relevant to the cognitively challenged. What do you expect when it's doubtful even half the country could correctly describe what the Holocaust actually was? But they saw the Twin Towers fall, and they can see Obama on TV, so....