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The debate over the possibility of limiting historians’ freedom of expression has been quite strong the past few years, particularly in France. This article studies the protection of the “freedom to do history” in France and Germany, with references to the case law of the European Court of Human Rights. In the German Basic Law, historians enjoy strong protection, whereas in France their freedom is only on par with the freedom of expression. Several limits of free speech are studied such as libel and Holocaust denial. In both countries, the tribunals do not judge history; instead, they judge if the litigious work is history. The consequences are quite different in the two countries.