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Anti-Truth Movements in Post World War II Germany and Contemporary Texas: The Repetition of History and Lessons in Truthful Reconstruction

Abstract

Legislators in Texas mounted an assault on multiracial democracy when they attacked public higher education throughout the Lone Star State in the 87th legislative session with the introduction of Senate Bills 16, 17 and 18. Together, these bills arguably constituted a tripartite attack on the foundation of public higher education in Texas, seeking to curtail certain discussions of race, gender, and sexuality in university classrooms, ban diversity, equity, and inclusion offices and policies, and possibly punish professors who taught accurate racial history or engaged in diversity, equity, and inclusion-based policies. These types of legislative efforts against truth and attempts to foster belonging for minoritized groups are not without historical precedent. After the allied victory in World War II, similar assault on democracy arose in post-World War II Germany. In the aftermath of the war, various reactionary groups in Germany attempted to curtail the truth of the Holocaust and transparent discussions of antisemitic human rights violations seen throughout the Third Reich in a way that arguably mirrors the attacks currently taking place in Texas on accurate and inclusive teaching. In keeping with democratic norms, post World-War II Germany responded with legislation to curtail the attempts to promulgate revisionist histories. Decades after the end of World War II and the Holocaust, Germany passed a series of laws prohibiting the denial of the Holocaust and restricting the promulgation of antisemitic revisionist histories. By analyzing the German response to the assaults on truth, and their free speech jurisprudence and First Amendment jurisprudence in the United States, lessons emerge for pursuing potential litigation to combat anti-democracy bills in legislative bodies across the United States.