Freedom of Expression?
The appellant was fully able to defend the specific allegations out of which he built his argument as to the motive, intention, mechanisms, scope, and impact of the slaughter. He was fully able to put forth his argument that "the Holocaust", writ large as an historical icon, was a fabrication. The court explicitly did not take away from the jury the possibility of accepting evidence in support of Zundel's fundamental premise that there was no systematic plan of genocide and thus that racism was not as dangerous as supposed. The trial judge also made it clear in his instruction to the jury that they were to find that some Jews died but must be satisfied beyond a reasonable doubt that these deaths amounted to the historical cataclysm known as the Holocaust. In his charge to the jury, Judge Thomas summarized the position of the defence.…
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