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Free speech suffered yet another setback today in post-democratic Israel. Two cases came before Israel’s Supreme Court, which is increasingly a bastion of judicial activism and politically correct leftism. The Court heard two appeals by extremists convicted of that amorphous "crime" used in Israel to suppress free speech, "incitement and sedition". This was the "crime" for which the two leaders of the Zo Artseinu protest movement were earlier convicted for blocking a highway intersection. Never mind that students, Arabs, and others who block roads in protests are never indicted. It is also the catch-all crime for which assorted public and nonpublic figures are routinely interrogated in Israel, including Rabbi Ovadiah Yossef (for referring to the head of leftist Meretz as a modern Pharaoh). "Incitement" has become the bully club used by the Israeli Left and its captive judges and police to persecute nonleftist dissidents who express disagreement with the Left.

In today’s appeals, the first involved the son of Rabbi Meir Kahane, who currently heads one of those Kahanist factions that have been criminalized by the Israeli Left, banned under Israel’s laws as a "terrorist" and "racist" organization at the same time that the PLO-front groups, the Arab Fascist-Stalinist parties, and the Islamist fundamentalists all operate legally and openly.

What was junior Kahane’s "crime"? Seems that Kahane the Younger had handed out leaflets expressing his personal opinion that it would be advisable for the Israeli military to bomb the Israeli Arab town of Umm al-Fahm, which is headquarters of the Islamist fundamentalists and the scene of frequent anti-Jewish violence. Kahane’s call to bomb the town came after town residents had butchered three sleeping Israeli soldiers in a tent near the town. Kahane himself did not engage in any violence nor even call upon plain citizens to use violence but simply expressed an opinion, albeit one you might not agree with, regarding how the Israeli military should handle violence by Israeli Arabs. An earlier Supreme Court appeal in 1998 had acquited Kahane but under Israel one is not protect against double jeopardy and so the prosecution, led by Labor Party loyalist Attorney General Elyakim Rubinstein, appealed it to the Supreme Court.

In the second case, an Israeli Arab journalist named Muhammed Jabarin was indicted for publishing articles that praised the anti-Jewish violent acts of Arabs. His pieces literally included cheers of "Hoorah Hoorah" for Arabs who attack Jews. His articles also called for driving the Jews out of all of "Palestine". Jabarin had been convicted of incitement to violence and an earlier Supreme Court decision had upheld his conviction.

The Supreme Court, which meets with panels of 3 justices in ordinary cases, met today with an expanded panel of seven justices to decide the two cases.

The Israeli Supreme Court has made little efforts in the past few years to hide the fact that it is a partisan and politicized affiliate of Israel’s Left. Here is the Court’s decision from a few minutes ago:

From Jerusalem Post web site:

"(11:05) Supreme Court convicts Kahane, acquits Jabarin

"The Supreme Court this morning voted five to two to convict Binyamin Ze’ev Kahane of incitement to rebellion.

"The son of the late Rabbi Meir Kahane was accused of distributing flyers in the last elections, calling on the IDF to bomb the town of Umm el-Fahm.

"The decision overturned a previous Supreme Court ruling.

"The court also reversed by four to three, another ruling, acquitting journalist Mohammed Jabarin of incitement.

"Jabrin published articles in the early 1990s extolling intifada stonethrowers."

Free Speech in Israel, May It Rest in Peace

The accepted wisdom and common explanation for events of the past two months are that they are the result of institutional discrimination and racism in Israel. From today’s Court decisions, you can see how correct this assertion is. Only problem is that the institutional racism and discrimination in Israel is against Jews.

Copyright © 2000 by Steven Plaut.
All Rights Reserved.

-Published with permission