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Irving v Penguin Books Ltd
David Irving v Penguin Books and Deborah Lipstadt is a case in English law against American author Deborah Lipstadt and her publisher Penguin Books, filed in an English court by the British author David Irving in 1996, asserting that Lipstadt had libeled him in her book ''Denying the Holocaust''. The court ruled that the Irving's claim of libel relating to English defamation law and Holocaust denial was not valid because his deliberate distortion of evidence has been shown to be substantially true. English libel law puts the burden of proof on the defence, meaning that it was up to Lipstadt and her publisher to prove that her claims of Irving's deliberate misrepresentation of evidence to conform to his ideological viewpoints were substantially true.
Lipstadt hired British-Jewish lawyer Anthony Julius while Penguin hired libel experts Kevin Bays and Mark Bateman of media law firm Davenport Lyons. Richard J. Evans, an established left-wing and well-known anti-Nazi historian, was hired by the defence to serve as an expert witness. Evans said he spent two years examining Irving's work, and presented evidence of Irving's misrepresentations, including evidence that Irving had, in his opinion, knowingly used forged documents as source material. Upon mutual agreement,〔Lipstadt (2005), page 47〕 the case was argued as a bench trial before Mr. Justice Charles Gray, who produced a written judgment 333 pages long in favour of the defendants, in which he detailed Irving's systematic distortion of the historical record of World War II.
== History ==
In 1993, Free Press〔The book was first published in America in 1993 (ISBN:(9780029192351 )) by Free Press, a division of Simon and Schuster. It was republished in the United Kingdom in 1994 (ISBN:(9780452272743 )) by Plume, a division of Penguin – whom Irving sued.〕 published Professor Deborah Lipstadt's book ''Denying the Holocaust: the Growing Assault on Truth and Memory''.〔Lipstadt (2005), page 25〕 In it she described and condemned the phenomenon of Holocaust denial, and referred to David Irving as being a prominent holocaust denier. To illustrate using one of the passages referred to〔''Irving v Lipstadt'' (2000), Section 2〕 in Irving's complaint:
In November 1994, Irving had his first encounter with Lipstadt at DeKalb College in Atlanta, where Lipstadt was lecturing on Holocaust denial.〔Guttenplan (2001), page 39〕 Irving had listened to the lecture while sitting in the lecture hall and when it was over, did his best to disrupt Lipstadt by challenging her to a debate, waving about a large amount of money in his hands, and announcing he had $1,000 to give to her or anyone who could find a written order from Hitler for the Holocaust.〔 Lipstadt ignored Irving, despite his repeated attempts to draw her into a debate.〔Guttenplan (2001), page 39-40〕 After Lipstadt's lecture had ended, Irving announced that Lipstadt's refusal to debate him or produce a written order from Hitler for the Holocaust despite his promise to pay $1,000 on the spot proved that her criticism of him in ''Denying the Holocaust'' was invalid, and he proceeded to hand out free copies of his Göring biography to Lipstadt's students.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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