Deborah Lipstadt fought back tears last night as she reflected on the landmark legal battle that defined her public life and reshaped the fight against Holocaust denial.
Twenty-five years after defeating arch-rival David Irving in a high-profile libel trial, the acclaimed historian returned to London to mark the anniversary of the case in which a British court effectively declared the Shoah to be a matter of legal record.
In April 2000, the High Court judge ruled in Lipstadt’s favour, finding that Irving had intentionally distorted historical evidence and that Lipstadt’s claims that he had done so were substantially true. The trial catapulted Lipstadt to global prominence.
Speaking at a panel hosted by law firm Mishcon de Reya, Lipstadt was reunited with lawyers Anthony Julius and James Libson, who had defended her against Irving’s suit over her 1993 book, Denying the Holocaust: The Growing Assault on Truth and Memory.
The anniversary panel was chaired by journalist Jonathan Freedland and also included playwright Sir David Hare, who wrote the 2016 film adaptation Denial, in which Lipstadt was portrayed by Rachel Weisz.
“The trial changed my life,” said Lipstadt, who later served as the US Special Envoy for Monitoring and Combating Antisemitism under President Joe Biden.
She said she was “verklempt” as she marked the anniversary, describing the most moving part of her victory as the reaction from Holocaust survivors. She recalled that one survivor she met in Washington after the trial called her “our Devorah,” meaning warrior. “To be thanked by survivors of Auschwitz for a legal battle, it doesn’t make sense,” Lipstadt added.
The acclaimed academic said that standing in court 25 years ago, she “could not have imagined how relevant our fight for truth would remain today”. “In an age when falsehoods spread faster than facts, it is essential that we remain vigilant and continue to stand up for historical and factual integrity,” she declared.
Lipstadt suggested the trial, which she called the “death knell” of extreme Shoah denial, brought to a close one era of antisemitism thanks, in part, to a “dream team of historians” who painstakingly followed historical footnotes back to their sources. Some of this extensive evidence was on display in an exhibition of artefacts from the trial curated by Mishcon de Reya.
Libson told the audience: “Irving was the end of a form of antisemitism in this country on the far-right, but we were then fighting other battles right after that, such as far-left antisemitism which we’ve been fighting ever since.”
Anthony Julius, Jonathan Freedland, Professor Deborah Lipstadt, James Libson and Sir David Hare during a lively and emotional panel at the offices of law firm Mishcon de Reya[Missing Credit]
Julius, who led the legal team and now serves as deputy chair of Mishcon, added: “This case was about more than one individual's reputation; it was about defending the very idea of truth itself.
“In today's world, where misinformation is widespread and facts are increasingly contested, revisiting the lessons from 25 years ago is more relevant than ever. The fight for truth is ongoing; we fight in order to survive until the next. The victories are always critical but never final.”
Meanwhile, Hare reflected on the wider resonance of the case, referencing Donald Trump’s claim that he won the 2020 US election. He described the legacy of Denial as a “complete failure,” saying: “The battleship for Irving and for Trump is ‘If I can get people to accept such an obvious, blatant lie as this... then it all follows from that.’”
He also explained his insistence on strict factual accuracy in the film, saying: “This film had to be true and true in a more profound sense than most films are true… The film is about historical truth, it is not about antisemitism.”
“David Irving only says things that are on the record,” Hare went on. “I didn't want to have the film psychoanalyse David Irving, so I simply presented what was on the record.”
Some lines, however, didn’t make the cut. For instance, at one point in the trial, Irving referred to the judge as Mein Führer. “I couldn’t make it convincing,” Hare joked.
During the Q&A, Hare was asked about a scene in the film showing figures in the British Jewish community urging a settlement.
Lipstadt confirmed that pressure had come from within the community to make sure the case did not get to trial, but claimed it stemmed from fear rather than malice: “Even if he lost, people feared he would win the publicity battle or he would get oxygen.”
But Julius was firm: “It was unconscionable that Deborah would apologise to Irving.”
He also explained the legal strategy for the case had been to fight in response to Irving’s claims: “Whether you’re suing or being sued, the right way to engage with the other side is by attacking.”
Libson noted that the British Jewish community has felt “under attack” for the last 18 months but suggested that “the resilience in the community is greater now than it was then”. The panel speculated that this increased resilience is due, in part, to the victory against Irving.
Lipstadt, whose tenure as special envoy ended earlier this year, concluded: “I had the privilege of fighting the good fight. It’s a tough battle; a battle against antisemitism isn’t just a battle for Jewish people.
"It’s a battle for democracy, the rule of law, international security and stability, civilisation and society at large.”