Deborah Lipstadt

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The entrance to Auschwitz I

On September 5, 1996, author David Irving sued Lipstadt and her publisher Penguin Books for libel in an English court for characterizing some of his writings and public statements as Holocaust denial in her book Denying the Holocaust.

Lipstadt's legal defense team was led by Anthony Julius of Mishcon de Reya while Penguin's was led by Kevin Bays and Mark Bateman of Davenport Lyons. Both defendants instructed Richard Rampton QC, while Penguin also instructed Heather Rogers as junior counsel. The expert witnesses for the defence included Cambridge historian Richard J. Evans, Christopher Browning, Robert Jan van Pelt, and Peter Longerich.

English libel law places the burden of proof on the defendant rather than the plaintiff. Lipstadt and Penguin won the case using the justification defense, namely by demonstrating in court that Lipstadt's accusations against Irving were substantially true and therefore not libelous. The case was argued as a bench trial before Mr Justice Gray, who produced a written judgment 349 pages long detailing Irving's systematic distortion of the historical record of World War II. The Times (April 14, 2000, p. 23) said of Lipstadt's victory, "History has had its day in court and scored a crushing victory." [20]

Despite her acrimonious history with Irving, Lipstadt has stated that she is personally opposed to the three-year prison sentence Austria imposed on Irving for two speeches he made in 1989, where he claimed there had been no gas chambers at Auschwitz. In Austria, minimizing the atrocities of the Third Reich is a crime punishable with up to 10 years' imprisonment. Speaking of Irving, Lipstadt said, "I am uncomfortable with imprisoning people for speech. Let him go and let him fade from everyone's radar screens ... Generally, I don't think Holocaust denial should be a crime. I am a free speech person, I am against censorship." [21] [22]

Commentary

In February 2007, Lipstadt warned of "soft-core denial" at the Zionist Federation's annual fundraising dinner in London. Referring to groups such as the Muslim Council of Britain, reportedly she stated: "When groups of people refuse to commemorate Holocaust Memorial Day unless equal time is given to anti-Muslim prejudice, this is soft-core denial." [23] According to Jonny Paul, "She received huge applause when she asked how former United States President Jimmy Carter could omit the years 1939–1947 from a chronology in his book"; referring to his recently published and controversial book Palestine: Peace Not Apartheid , she said: "When a former president of the United States writes a book on the Israeli–Palestinian crisis and writes a chronology at the beginning of the book in order to help them understand the emergence of the situation and in that chronology lists nothing of importance between 1939 and 1947, that is soft-core denial." [23]

Along the same lines, Lipstadt has criticized the German philosopher and historian Ernst Nolte for engaging in what she calls "soft-core denial" of the Holocaust, arguing that Nolte practices an even more dangerous form of negationism than the Holocaust deniers. Speaking of Nolte in a 2003 interview, Lipstadt stated:

Historians such as the German Ernst Nolte are, in some ways, even more, dangerous than the deniers. Nolte is an anti-Semite of the first order, who attempts to rehabilitate Hitler by saying that he was no worse than Stalin; but he is careful not to deny the Holocaust. Holocaust-deniers make Nolte's life more comfortable. They have, with their radical argumentation, pulled the center a little more to their side. Consequently, a less radical extremist, such as Nolte, finds himself closer to the middle ground, which makes him more dangerous. [24]

In late 2011, Lipstadt attacked American and Israeli politicians for what she called their invocation of the Holocaust for contemporary political purposes, something she thought mangled history. She rebuked Republican Party presidential candidates for speeches that 'pandered' to the Evangelical constituency, as much as it did to the Republican Jewish Coalition. She also judged Howard Gutman's remarks on causal links between Muslim antisemitism and the Israeli–Palestinian conflict as "stupid". According to Haaretz, "She decried the 'hysteria' and 'neuroses' of many Jews and Israelis who compare the current situation in Europe and in the Middle East to the Holocaust-era": [25]

People go nuts here, they go nuts. There's no nuance, there's no middle ground, it's taking any shade of grey and stomping on it. There are no voices of calm, there are no voices of reason, not in this country, not in Israel. [26]

In the same interview, she argued that "If anti-Semitism becomes the reason through which your Jewish view of the world is refracted, if it becomes your prism, then it is very unhealthy. Jewish tradition never wanted that." [26] She said "You listen to Newt Gingrich talking about the Palestinians as an 'invented people'—it's out-Aipacking AIPAC, it's out-Israeling Israel". [25] On a visit to London in September 2014, Lipstadt criticized the Israeli government and said that the government had "cheapened" the memory of the Holocaust by using it to justify war. [27] She has also rejected the view that Israeli military actions during the 2014 Israel–Gaza conflict constituted a genocide. [28]

Lipstadt returned to the theme of soft-core Holocaust denial in The Atlantic when responding to the Trump administration's statement on International Holocaust Remembrance Day, January 27, 2017, which was condemned for the absence of a specific mention of Jews, as the principal victims of the Holocaust or of antisemitism itself. [29] [30] "The Holocaust was de-Judaized. It is possible that it all began with a mistake. Someone simply did not realize what they were doing. It is also possible that someone did this deliberately." [31]

In February 2019, Lipstadt resigned her membership in the Young Israel synagogue movement because its national council president defended Israeli Prime Minister Benjamin Netanyahu's facilitation of a merger between the Bayit Yehudi party and the extremist Otzma Yehudit party. [32]

In October 2019, Lipstadt had a letter to the editor published in The New York Times , prompted by the awarding of the Nobel Prize in Literature to Peter Handke, in which she wrote that the Nobel Committee awarded Handke a platform "he does not deserve" and that "the public does not need him to have", adding that such a platform could convince some that his "false claims must have some legitimacy". [33]

In September 2024, she came under criticism by CAIR over a joke made about the 2024 Lebanon pager explosions. [34]

Awards and honors

After the publication of Denying the Holocaust in June 1993, Lipstadt received the 1994 National Jewish Book Award. Already a consultant to the United States Holocaust Memorial Museum, President Bill Clinton appointed her in 1994 to the United States Holocaust Memorial Council. [12] In 1997, Lipstadt received the Emory Williams teaching award for excellence in teaching. [35] She is also a recipient of the Albert D. Chernin Award from the Jewish Council for Public Affairs, which is given to "an American Jew whose work best exemplifies the social justice imperatives of Judaism, Jewish history and the protection of the Bill of Rights, particularly the First Amendment." Previous recipients of the Award include Ruth Bader Ginsburg and Alan Dershowitz. [36] Lipstadt was awarded the 2005 National Jewish Book Award in the Holocaust category for History on Trial: My Day in Court with a Holocaust Denier [37] and the 2019 National Jewish Book Award in Education and Jewish Identity for Antisemitism: Here and Now. [38] [39]

Lipstadt has received honorary doctorates from a number of institutions, including Ohio Wesleyan University, John Jay College of Criminal Justice of the City University of New York, Yeshiva University, and the Jewish Theological Seminary of America, among others. [36]

Works

Autobiographies
Biographies
History

Related Research Articles

Historical negationism, also called historical denialism, is falsification or distortion of the historical record. This is not the same as historical revisionism, a broader term that extends to newly evidenced, fairly reasoned academic reinterpretations of history. In attempting to revise and influence the past, historical negationism acts as illegitimate historical revisionism by using techniques inadmissible in proper historical discourse, such as presenting known forged documents as genuine, inventing ingenious but implausible reasons for distrusting genuine documents, attributing conclusions to books and sources that report the opposite, manipulating statistical series to support the given point of view, and deliberately mistranslating traditional or modern texts.

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Anthony Robert Julius is a British solicitor advocate known for being Diana, Princess of Wales' divorce lawyer and for representing Deborah Lipstadt. He is the deputy chairman at the law firm Mishcon de Reya and honorary solicitor to Foundation for Jewish Heritage. He is a trustee for the Institute of Jewish Studies.

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Richard Rampton KC was a British libel lawyer. He was involved in several high-profile cases including Irving v. Penguin Books and Lipstadt, where he defended Deborah Lipstadt and Penguin Books against David Irving.

Sir Charles Antony St John Gray, QC was a British barrister and judge, who specialised in intellectual property, copyright, privacy and defamation cases. As a judge, he presided over the trial of David Irving's libel lawsuit against Professor Deborah Lipstadt and Penguin Books over claims that Irving was a Holocaust denier; Gray delivered a 349 pages long judgment against Irving.

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<i>Irving v Penguin Books Ltd</i> Case in English law against American author Deborah Lipstadt and her publisher Penguin Books

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<i>Denial</i> (2016 film) 2016 film

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References

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Deborah Lipstadt
Deborah Lipstadt, U.S. Special Envoy.jpg
Official portrait, 2022
United States Special Envoy for Monitoring and Combating Antisemitism
Assumed office
May 3, 2022