It seems that the thing courts focus on is not whether a "Holocaust denier" is actually telling the truth, but that it's against the law to question the official story!
Ted Pike quotes in this <a href="http://www.infowars.com/clips.html">documentary clip</a> a winner of an ADL sponsored nationwide law student competition in writing a modern anti-hate law in America, a
Joseph Ribakoff:
"Any person, persons or organization that publicly shows a film or a movie before it has been submitted and reviewed by the agency shall have committed a misdemeanor."
Hence, it would be a crime to criticize an identifiable group, and crimes need state agencies for monitoring, censoring and enforcing these laws.
Ted Pike says later in the clip:
"But surely you may say if the accused can defend the truth of their statements in court he should have nothing to fear. Forget it! For Ribakoff the criteria for guilt of innocence is not truth. Rather,
if one verbally humiliates those who have been given federal status as members of a protected group, then group libel has occured. This is what he (Ribakoff) means when he says
"regulating group defamation is status based, not content based..." The truth of that content of that so-called libel does not matter. It will not be admitted as evidence in court.