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Arbeit macht frei: - Fredrick Töben

Arbeit macht frei: - Fredrick Töben

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2007, and comply with the undertaking you gave to Moore J on 27<br />

November 2007, you cannot, in the future, publish information or<br />

material which conveys the following imputations, or any of them:<br />

That there is a serious doubt that the Holocaust occurred; that it is<br />

unlikely that there were homicidal gas chambers at Auschwitz; that Jewish<br />

people who are offended by and challenge Holocaust denial are of limited<br />

intelligence, and some Jewish people, for improper purposes, including<br />

financial gain, have exaggerated the number of Jews killed during World<br />

War II and the circumstances in which they were killed.<br />

Do you accept that you cannot publish any information which conveys<br />

those imputations?<br />

Dr <strong>Töben</strong>: Your Honour, I informed my counsel that I have had<br />

problems. I have done my best to negotiate these orders because they are<br />

rather general and confusing. I now will, from now on, not print anything<br />

unless I seek legal counsel, whether it’s – whether – they will have to<br />

interpret the law, these orders, court orders. I can’t, I’m at an end, I’m<br />

here now, because I have done my best and what’s happening is that I’ve<br />

been smeared as someone who is totally unwilling, unable to comply with<br />

these things. I’ve done my best. But I cannot, without any authority,<br />

judicial authority, to negotiate these court orders. The court orders don’t<br />

make sense to me. They don’t make sense to me, your Honour.<br />

MR MARGO: Dr Toben, you had had legal advice at the time you gave …<br />

HIS HONOUR: Just a minute Mr Margo. Mr Margo, just a minute.<br />

MR MARGO: I’m sorry, your Honour.<br />

HIS HONOUR: In what way do the orders not make sense?<br />

Dr <strong>Töben</strong>: Because they are so broad that to be limiting – they are so<br />

broad they catch everything. It reaches the point to this morning.<br />

Apparently Mr – if I may say this, your Honour – Mr Margo brings this<br />

front page and says, ‘This is evidence of something,’ and here am I just<br />

printing this and -…<br />

MR MARGO: But you’re misunderstanding, Dr Toben. Mr Margo is not<br />

putting forward the document, exhibit A, this morning as evidence of<br />

breach of the orders?<br />

Dr <strong>Töben</strong>: No, but I’m indicating …<br />

MR MARGO: No, no, but listen, listen. He’s putting it forward as<br />

evidence of your attitude?<br />

Dr <strong>Töben</strong>: I understand that, but I’m saying now, this is my problem.<br />

MR MARGO: Well …?<br />

Dr <strong>Töben</strong>: I accept this problem and, therefore, I will submit to<br />

censorship.<br />

MR MARGO: Well, then can I ask you this question? You say the orders<br />

are confusing and you’re unable to understand them. What is it about the<br />

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