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Extreme Speech and Democracy$
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Ivan Hare and James Weinstein

Print publication date: 2009

Print ISBN-13: 9780199548781

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199548781.001.0001

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The Holocaust Denial Decision of the Federal Constitutional Court of Germany

The Holocaust Denial Decision of the Federal Constitutional Court of Germany

(p.557) 27 The Holocaust Denial Decision of the Federal Constitutional Court of Germany
Extreme Speech and Democracy

Dieter Grimm

Oxford University Press

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

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