I haven't yet read all the replies on this thread so I may be repeating but I'll risk it...
Would you use the "free speech" argument to defend a person who yelled: "FIRE", in a crowded theatre, when there was none?
I ask because it seems that you, and many here, believe that a person's right to "free speech" extends even to the point of harm to others.
It would be very interesting to see how different the reaction of many, who would have no limits on free speech, would be if their favorite web site, and its membership, were slandered (or libeled, if you prefer) with the obvious intent of causing it, and them, irreparable harm.
Thia came out in France and it was signed by mainstream (and mostly on the left and Jewish) historians.
France: Call by 19 Historians for the Repeal of Several Statutory Clauses
Agence France Presse release of December 12, 2005
Paris In a text sent today to the AFP headed Liberté pour lhistoire! (Freedom for history!), nineteen leading historians have come out for the repeal of several statutory clauses concerning events of the past, legislation that, according to them, is unworthy of a democratic regime.
They refer to articles of the laws of July 13, 1990 (editors note: aiming to punish any racist, anti-Semitic or xenophobic act, ) January 29, 2001 (editors note: relating to the acknowledgement of the 1915 Armenian genocide), May 21, 2001 (editors note: aiming to acknowledge the slave trade as a crime against humanity) and February 23, 2005.
The last mentioned laws controversial article 4 (in favour of repatriated French citizens) stipulates that the school curricula shall recognise in particular the positive role of the French presence overseas, notably in North Africa.
The text is signed by Jean-Pierre Azéma, Elisabeth Badinter, Jean-Jacques Becker, Françoise Chandernagor, Alain Decaux, Marc Ferro, Jacques Julliard, Jean Leclant, Pierre Milza, Pierre Nora, Mona Ozouf, Jean-Claude Perrot, Antoine Prost, René Rémond, Maurice Vaïsse, Jean-Pierre Vernant, Paul Veyne, Pierre Vidal-Naquet and Michel Winock.
Moved by the ever more frequent political interventions in the assessment of events of the past and by the legal proceedings affecting historians and thinkers, we see fit to recall the following principles, they write.
According to them, history is not a religion. The historian accepts no dogma, respects no prohibition, knows no taboos. History is not morality. The historians role is not to exalt or to condemn: he explains. History is not the slave of current affairs. The historian does not stick contemporary ideological outlines onto the past and does not bring todays sensitivity into the events of former times.
History is not remembrance, they continue. The historian, in a scientific procedure, collects peoples memories, compares them with each other, confronts them with documents, objects, traces, and establishes the facts. History takes remembrance into account, it does not amount merely to remembrance. History is not a juridical object. The States policy, albeit motivated by the best intentions, is not the policy of history.
It is in violation of these principles that clauses of successive laws notably those of July 13, 1990, January 29, 2001, May 21, 2001 and February 23, 2005 have restricted the historians freedom, have told him, on pain of sanctions, what he must look for and what he must find, have prescribed him his methods and set down limits. We call for the repeal of these legislative provisions that are unworthy of a democratic regime, they conclude.