Today's Date: February 22, 2024
Semrush Holdings, Inc. to Participate in Upcoming Investor Conferences   •   Annual Arts in Hong Kong Event to Kick-off in March Offering a Variety of Arts Experiences Along Iconic Victoria Harbour   •   Energy Recovery Announces CFO Transition   •   National Geographic Documentary Films Acquires Sundance Film Festival Award-Winner SUGARCANE   •   A City Boy Discovers Nature's Playground: New Book Inspires Children to Connect with the Great Outdoors   •   Orbia Announces Fourth Quarter and Full-Year 2023 Financial Results   •   Lake Babine Nation and Canada sign agreement to support community vision for governance, capacity development, and infrastructur   •   Green Plains to Participate in Bank of America 2024 Global Agriculture and Materials Conference   •   Pinterest to Participate at the Morgan Stanley Technology, Media & Telecom Conference   •   Sallie Mae CFO to Speak at 2024 RBC Capital Markets Global Financial Institutions Conference   •   Californians for Financial Education Campaign Applauds New Legislation Requiring Personal Finance Education for All Students   •   Black Health Matters Winter Health Summit and Expo Returns to Atlanta   •   PG&E Identifies More than 20 Climate-Tech Solutions Aimed at Achieving a Clean Energy Future   •   Government of Canada and Mushkegowuk Council successfully complete feasibility assessment and take a major step toward officiall   •   Why is skin disease often misdiagnosed and untreated in Black patients?   •   Ziegler Prices Financing For The United Methodist Retirement Homes   •   Independent Women's Voice Testifies Before Alabama Legislature in Support of HB 111 & SB 92 to Establish Legal Definitions o   •   Avangrid Fourth Quarter & Full Year 2023 Financial Results Available on Company’s Website   •   Helping Canadian creative businesses and organizations achieve financial success on the world stage   •   Perdoceo Education Corporation Reports Fourth Quarter and Full Year 2023 Results
Bookmark and Share

THE LAWFARE PROJECT APPEALS RULING BY DISTRICT COURT IN WARSAW AGAINST HOLOCAUST SURVIVORS

THE LAWFARE PROJECT APPEALS RULING BY DISTRICT COURT IN WARSAW AGAINST HOLOCAUST SURVIVORS

PR Newswire

Leading Jewish Civil Rights Organization Appeals Court's Dismissal of Case

NEW YORK, Dec. 11, 2023 /PRNewswire/ -- On November 16, 2023 The Lawfare Project (LP) and counsel in Poland appealed the District Court in Warsaw's decision to dismiss the case of Krystyna Budnicka, Michał Głowiński and Leszek Żukowski (plaintiffs) against Andrzej Ryba (defendant). With LP's support, counsel in Poland represented the plaintiffs, two Holocaust survivors and a former Polish Underground Army fighter and prisoner of Nazi camps, against the defendant who published books by Nazi war criminal Leon Degrelle. The lawsuit, which was initially filed in 2018, sought to force the publisher to cease the sale and distribution of the offending material, to publish an apology, and to pay monetary compensation to charities of the plaintiffs' choosing. The broader goal of this action was to ensure that Polish law prohibiting Holocaust denial is enforced and that similar publications are blocked. The appeal was filed in Poland's Court of Appeals.

The books contain false statements about the history of the German path to World War II and the rise of Nazism, as well as pure Nazi propaganda, and are sold in bookstores in Poland as "historical books." The District Court said it found no proof that the defendant's motive was to spread Nazi propaganda, despite previously dismissing LP's request for examination of a witness who participated in a lecture by the defendant's during which he praised Hitler and Nazi regime.

"The Court of first instance allowed Holocaust denial and Nazi propaganda books, presented as 'memoires' and 'historical sources,' to be legally published and sold in Poland," said attorney Michal Jablonski. "The Court of Appeal will now have a chance to overrule this shameful claim."

A key reason why the court dismissed the claims was its assessment that Leon Degrelle's books are "historical sources" and, therefore, cannot infringe on plaintiffs' personal rights. The court stated this despite the fact that the books at issue are not distributed only to historians and other researchers, but are targeted to all potential readers. Moreover, the books do not contain proper scientific comment and footnotes regarding the false statements and Nazi propaganda presented therein, which is typical for similar publications.

"Unfortunately, the judge in this particular case decided that freedom of speech shall always prevail over historical truth regardless of accurateness or its impact on people's feelings,' said Brooke Goldstein, Executive Director and Founder of The Lawfare Project. "This deeply flawed ruling will only allow antisemitic language to flourish unchecked throughout Poland. We cannot let this stand."

The plaintiffs were also forced to wait for an inordinately long time to file an appeal, as the lower court judge postponed the deadline for issuing the court's written decision three times. This is particularly reprehensible as the plaintiffs are in their 90s. Tragically, Mr. Głowiński, one of the plaintiffs, passed away before the appeal was filed.

"This is a landmark case regarding the legal concept of free speech in Polish law," added Jablonski. "In plaintiffs' view, the defendant cannot claim that the content of his books is protected free speech. There is no doubt that Leon Degrelle's books include Nazi propaganda, inaccurate and false statements about facts, and statements denying the Holocaust, so the minimum standard of due diligence reasonably requires adding a proper editorial comment and footnotes acknowledging each false statement. Moreover, such books cannot be marketed as historical books but rather, if anything, as memories of Leon Degrelle, who was a Nazi war criminal. Thus, even if the free speech exception is considered, the defendant still failed to prove that he acted with appropriate diligence, so the protection of plaintiffs' right to national identity and historical memory should have prevailed."

ABOUT THE LAWFARE PROJECT:

The Lawfare Project (LP) is the leading organization dedicated to protecting the civil and human rights of Jewish people worldwide through legal action.

Cision View original content:https://www.prnewswire.com/news-releases/the-lawfare-project-appeals-ruling-by-district-court-in-warsaw-against-holocaust-survivors-302010719.html

SOURCE The Lawfare Project



Back to top
| Back to home page
Video

White House Live Stream
LIVE VIDEO EVERY SATURDAY
alsharpton Rev. Al Sharpton
9 to 11 am EST
jjackson Rev. Jesse Jackson
10 to noon CST


Video

LIVE BROADCASTS
Sounds Make the News ®
WAOK-Urban
Atlanta - WAOK-Urban
KPFA-Progressive
Berkley / San Francisco - KPFA-Progressive
WVON-Urban
Chicago - WVON-Urban
KJLH - Urban
Los Angeles - KJLH - Urban
WKDM-Mandarin Chinese
New York - WKDM-Mandarin Chinese
WADO-Spanish
New York - WADO-Spanish
WBAI - Progressive
New York - WBAI - Progressive
WOL-Urban
Washington - WOL-Urban

Listen to United Natiosns News