Are Holocaust Denial Laws and Critical Race Theory Bans the Same?

Authors

Rob Kahn, University of St. Thomas

Abstract

Florida's education rules list Holocaust denial and critical race theory ("CRT") as "theories that distort the past." This is not a fair comparison. Holocaust denial laws and CRT bans are analytically distinguishable. Holocaust denial laws were originally intended to fight hate, and this is the only reason they might be legitimate today. By contrast, CRT bans, for all their well-meaning language aboutprotecting childrenfrom race-based accusations of guilt, intend to silence the past. Indeed, the CRT bans are uncannily similar to the laws used in Turkey to ban discussion of the Armenian Genocide in schools. While one might reject both sets of bans onfree speech grounds, when the focus shifts from criminal law to educational policy there is world of difference between countering hate speech by restricting Holocaust denial in the classroom and the silencing of history by CRT bans.

Disciplines

Communications Law | Comparative and Foreign Law | Criminal Law | Criminal Procedure | International Law | Internet Law | Law | Law and Politics | Legal History

Recommended Citation

Rob Kahn, Are Holocaust Denial Laws and Critical Race Theory Bans the Same?, 7 Cardozo Int’l & Compar. L. Rev. 169 (2024).
Available at: https://larc.cardozo.yu.edu/ciclr/vol7/iss1/6