The Holocaust Denial Decision of the Federal Constitutional Court of Germany

Dieter Grimm

in Extreme Speech and Democracy

Published in print February 2009 | ISBN: 9780199548781
Published online May 2009 | e-ISBN: 9780191720673 | DOI:
 The Holocaust Denial Decision of the Federal Constitutional Court of Germany

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This chapter presents a Holocaust denial case involving a 1994 decision by the German Constitutional Court. Decided before the amendment of section 130, the case did not concern a criminal conviction, but rather arose out of an administrative proceeding. The complainant was the Munich/Upper-Bavarian section of the National Democratic Party of Germany (NPD), a small right-wing party not represented in the Bundestag, the federal parliament. The NPD had planned a public meeting in the city of Munich where David Irving was supposed to speak. According to the announcement by the NPD, the speech would deal with the alleged Jewish blackmailing of German politics by exploiting the Holocaust. The municipal authorities of Munich, who had been notified of the planned assembly by the NPD, issued an order prohibiting Irving, other speakers, and the participants of the assembly from denying the persecution of Jews during the Third Reich.

Keywords: Holocaust; Internet; anti-Semitism; Germany; National Democratic Party of Germany; German Constitutional Court; David Irving

Chapter.  2759 words. 

Subjects: Human Rights and Immigration

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