Jud Süß in Legal History


This sounds like quite an interesting project. I have long wanted to know more about the original film, Jud Süß. The way I first learned about the film is through law - it was one of the key events in one of the most important law cases in Post WWII Europe - the Lüth decision handed down by the German Federal Constitutional Court in 1957, a case which laid the foundations both for free speech and the protections of fundamental rights in general in the Federal Repbulic of Germany. The director of Jud Süß, Vit Harlan, was prosecuted after the War for his collaboration with the Nazis, in particular the making of the virulent anti-semitic film, Jud Süß. Although he managed to avoid serious legal consequences (such as jail), it did harm his career, and it was not until some time in the 1950's that he was able to attempt a comeback - with a film that sounded dreadful - Immortal Beloved. In order to move past their Nazi past, Mr. Lüth wished to prevent Harlan from restarting his film career, so he initiated a public boycott of the film. Harlan and the backers sued him, obtaining a court order that he cease and desist with his boycott. Lüth brought the case to the Constitutional Court, at that time a quite new institution in Germany, and it decided that to order him to end his boycott was a restriction on his right of free speech. The court's actual reasoning (othough extremely interesting and groundbreaking) would make little sense to a layperson, so I don't attempt to discuss it. But I did want to point out that this film led to one of the most important European legal cases in the 20th Century. For that reason alone, it is very interesting.

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Mark-1589, thanks for your post.

I saw, and loved, the original Jud Suss and posted a long essay about it on the web.

I'm eagerly awaiting this flim, but I am a bit ... nervous. Goebbels was such a vile human being I don't look forward to watching him, even in fictional form.

I wonder if Marian will be given a sympathetic portrayal. I'm not able to assess any of what I've read about him ... who knows whose telling the truth at this stage of history ... but I do tend to pity him. It does sound like he was forced to appear in the film and that he did commit suicide. Of course, it could have been an accident.

As for Free Speech in Europe today, please ask Geert Wilders about that.

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Danusha Goska,

Thanks for your comment. I am sorry I took so long to respond, but at some point I just assumed nobody was going to answer my post.

I have actually never seen the original, and I am not sure where I would find it (currently I live in Bosnia, so it is not likely I would find a copy here). Do you know if it is available on the web? Also, is there a link to the article that you wrote about the film? I would be interested to read it.

What is your point about Geert Wilders? A know that he is a Dutch politician on the right who is against immigration, particularly of Muslims. Has the Dutch government attempted to stifle his speech on these issues?

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Mark-1589,

I thank you for your post and had never heard about this lawsuit.

The original "Jud Suess" is available on the Internet Archive. I believe the film is now public domain.

You can find it here :

http://www.archive.org/search.php?query=jud%20suess

I'll definitely try to keep an eye on "Jew Suss : Rise and Fall". This should be an interesting behind-the-scenes story if there ever was one.

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