Should Holocaust Denial Be a Crime in Europe?

Scholars for Peace in the Middle East, a pro-Israel organization with which I occasionally work, has published a piece on the question of whether Holocaust denial should be criminalized in Europe (it is). It is written by Aleksandra Gliszczynska-Grabias. Keep in mind as you read this that Europe does not have the same free speech protections as we have in the US.

http://spme.org/spme-research/some-remarks-on-holocaust-denial-penalization-in-europe/15863/?utm_source=wysija&utm_medium=email&utm_campaign=faculty-forum-10-2-2013

I can understand the Europeans' desire to prevent a repeat of the horrors of World War II, which they experienced on their own soil. I also agree with the writer's assertion that Holocaust denial is inspired by Jew-hatred. Yet, keeping in mind that I as an American, am in no position to dictate to Europeans what their laws should be, I am uncomfortable with criminalizing an absurd opinion (Holocaust denial).

To deny the Holocaust is almost as stupid as denying that World War II ever happened. There is no need here or anywhere else to rebut the claims by the deniers. Such statements in and of themselves are evidence of the speaker's idiocy and should make him or her liable to being laughed out of town and having his/her other opinions discounted as well. But do we really want to put people in jail? The author seems to draw the line at that point, but not at  fines or other punishments.

I would be comfortable if the Europeans wanted to prosecute those who openly call for death or persecution of others even though that might even be protected under our own laws. (such death or acts of persecution would have to directly result from the speaker's words.)

But here is my real problem: If you can be prosecuted for denying the Holocaust, soon you will be prosecuted for talking about Islamic terrorism. I said soon? Ask Geert Wilders in the Netherlands. Ask Elisabeth Sabaditsche-Wolff in Austria. Such laws are putting a real damper on any discussion of these issues in Europe. I saw it myself when I was in Germany last month. People either guarded their words or told me that their political leaders didn't want to even discuss these burning issues-even though they are in some cases burning on their own streets. In Germany, I was told by educated people that they had not read about the anti-Semitic outrages going on in places like Malmö, Sweden. Their media was not reporting it- hardly surprising since the Swedish media doesn't even talk about it.

Also consider that Robert Spencer and Pam Geller were barred from entering England recently due to their anti-jihadist writings and speeches. Is the day coming when Americans will be arrested upon landing in Europe and put on trial for things they have written or said in the US? We have already seen at least one case where a court in Jordan demanded the extradition of some Scandinavian cartoonist or cartoon publisher. International arrest warrants can be very dangerous things.

What I fear also is that the European legal minds are going to create a multi-national nightmare where nobody can say anything that might offend someone else.

I should amend that statement. What they won't do is curb the radical speech of Islamists like Anjem Choudary and his colleagues in the Sharia4 fill-in-the-blank countries. They can apparently say whatever they want because after all, they are one of those minorities these laws are designed to protect.

To say that the Holocaust never happened is a ridiculous statement on its face. To ask about the nature of Islamist terror and its root causes should be legitimate discussion. You can agree or disagree as to whether Islam is a religion of peace that has been misinterpreted or hijacked by some- or whether it is all because of Islamic doctrine that these horrific things are happening around the world and even playing out on Europe's own streets. It is on everybody's mind, and yet they are afraid to express how they feel for fear of being dragged into some court. The Europeans should be publicly discussing these issues everyday on TV and elsewhere-without, off course, stigmatizing all the Muslim residents of their countries. That must be underlined.

I understand the reasoning of the writer, and I keep in mind that the European concept of free speech is more limited than ours. However, if you can prosecute some idiot for denying or questioning the Holocaust, who else will you be able to prosecute?