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From: dave@lsuc.UUCP (David Sherman)
Newsgroups: net.politics
Subject: Re: Could D. Black have legal problems?
Message-ID: <844@lsuc.UUCP>
Date: Fri, 11-Oct-85 13:03:57 EDT
Article-I.D.: lsuc.844
Posted: Fri Oct 11 13:03:57 1985
Date-Received: Fri, 11-Oct-85 14:49:36 EDT
References: <195@pyuxh.UUCP> <10451@ucbvax.ARPA> <773@cybvax0.UUCP> <10477@ucbvax.ARPA>
Reply-To: dave@lsuc.UUCP (David Sherman)
Organization: Law Society of Upper Canada, Toronto
Lines: 33

In article <10477@ucbvax.ARPA> mcgeer@ucbvax.UUCP (Rick McGeer) writes:
>I don't see the other liberties that are involved here.  No single individual
>can reasonably claim to be injured by what Black and the nut in Toronto said:
>people might claim psychological damage, and while I don't doubt that for a
>minute, the appropriate place to hash that out is in the civil rather than
>criminal courts.

It is precisely because there is damage to a group and not to an
individual that the criminal law is an appropriate remedy.

>There is a large gulf, however, between calling for the murder of some
>individual and disputing the fact of the Holocaust.  However hurtful
>discussions on the latter point are, it is nevertheless a valid historical
>debate.  If your claim is that an overwhelming preponderance of evidence
>exists on one side of this debate, that is true -- but there is also an
>overwhelming body of evidence which says that George Washington was a man,
>or that Harry Truman believed that there would be a million Japanese and
>American casualties in an invasion of Japan, and yet there are people willing
>to dispute either of these things, and we do not restrict them.

The issue is not just the dispute of the fact of the Holocaust.
Zundel's publications (and Black's postings) claim that the
Holocaust was fabricated by Jews for personal gain. Since Jews
the world over testify to what happened in the Holocaust, this
is a claim that a particular group - Jews - are liars who cannot
be trusted. THAT is racism and the violation of the right to reputation
of a large segment of society.

Dave Sherman
The Law Society of Upper Canada
Toronto
-- 
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