Laws governing the historian’s free expression

Abstract

This chapter offers a survey of laws that interfere with the free expression of historians in order to protect public interests. Four types are identified: memory laws, blasphemy laws, hate speech laws and genocide denial laws. For each type, a definition is given and overlap with other types indicated, important debates are summarized and consequences for the practice of history identified. In order to have a standard to evaluate these law types, the survey is preceded by a presentation of the international freedom of expression framework. Laws have an impact on the entire historiographical operation in determining the amount of information available, orienting epistemology and methodology, and encouraging reflection about the ethics of responsible historians. Just laws are essential for history’s survival.