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Abstract
This essay discusses the issue of inciteful speech, focusing on cases that took place in Israel prior to the assassination of Prime Minister Rabin, and during the years 2003–2005 against Prime Minister Sharon. It is argued that these incitement cases required the involvement of the legal authorities, but not enough action was taken in order to prevent them or to punish the inciters. The legal authorities were mistaken in adopting a liberal, tolerant attitude towards incitement. To date, this attitude will not deter future inciters from violent speech-acts against Israeli leaders who support evacuation of settlements and dividing the land between Israel and the Palestinian Authority.
ACKNOWLEDGEMENT
I thank the Democracy and Security's referees and editor for their critique and constructive suggestions, and Sharon Amir for her assistance.
Notes
1. See R. Cohen-Almagor, “The best first step,” The Baltimore Sun (December 18, 2003).
2. J. S. Mill, Utilitarianism, Liberty, and Representative Government (London: J. M. Dent, 1948), Everyman's edition, p. 114.
3. Ibid., p. 78.
4. For depiction of the heated atmosphere at that time, see Michael Karpin's film, The Road to Rabin Square (in English and Hebrew).
5. Criminal file 152/94. State of Israel v. Gil Sharon and Ahuva Vaanunu, Hadera Magistrate's Court.
6. Criminal File 827/96 State of Israel v. Avigdor Eskin, Jerusalem Magistrate's Court.
7. See Amnon Dankner, “Pulsa decharta,” Maariv (July 27, 2005), p. 1.
8. Criminal file 827/96. State of Israel v. Avigdor Eskin (Jerusalem Magistrate's Court). The Prevention of Terrorism Ordinance instructs that a person publishing praise, sympathy, or encouragement for acts of violence calculated to cause death or injury, and a person assisting the organization in its activities, is subject to criminal proceedings and a maximum penalty of three years' imprisonment.
9. Eliahu Mazza, “The Probability that Words Can Kill,” in Freedom of Speech In Light of Prime Minister Sharon's Disengagement Plan (Gaza First Plan), one day conference, University of Haifa (December 20, 2005). http://hcc.haifa.ac.il/~rca/center/
10. Ibid.
11. Nir Hasson and Amiram Barkat, “Extremists put pulsa denura death curse on PM Ariel Sharon,” Haaretz (daily newspaper) (July 27, 2005).
12. The Kach Party was founded by Rabbi Meir Kahane in 1971. Its dual agenda was to force transfer of Palestinians outside the borders of Israel, and to establish a Jewish theocracy at the expense of Israeli democracy. In March 1994, following Dr. Baruch Goldstein's massacre of 29 Palestinian prayers in the al-Ibrahimi Mosque in February 1994, when Kach leaders supported the mass murder and Baruch Goldstein (who was a Kach activist), the party was declared to be terrorist organization under the 1948 Prevention of Terrorism Ordinance. See Raphael Cohen-Almagor, The Boundaries of Liberty and Tolerance: The Struggle Against Kahanism in Israel (Gainesville, FL, University Press of Florida, 1994), chaps. 9–13.
13. Nir Hasson & Amiram Barkat, “Extremists put pulsa denura death curse on PM Ariel Sharon,” Haaretz (July 27, 2005).
14. Amiram Barkat, “Extremists put pulsa denura death curse on PM Ariel Sharon,” Haaretz (July 27, 2005).
15. Ariel Bendor, “Is It Necessary to Mete Out Justice with Those Who Broke the Disengagement Law?” in Freedom of Speech In Light of Prime Minister Sharon's Disengagement Plan (Gaza First Plan), University of Haifa (December 20, 2005).
16. Eran Shendar, “Law Enforcement, Freedom of Expression, and its Place in the Realm of Ideological Crimes during the Disengagement Period,” in Freedom of Speech In Light of Prime Minister Sharon's Disengagement Plan (Gaza First Plan), University of Haifa (December 20, 2005). http://hcc.haifa.ac.il/~rca/center/
17. Eran Shendar, “Law Enforcement, Freedom of Expression, and its Place in the Realm of Ideological Crimes during the Disengagement Period,” in Freedom of Speech In Light of Prime Minister Sharon's Disengagement Plan (Gaza First Plan), University of Haifa (December 20, 2005). http://hcc.haifa.ac.il/~rca/center/
18. Criminal File 935/89, Uri Ganor v. the Government's Legal Advisor, P.D. 44 (2), 485, pp. 508–509.
19. Eran Shendar, “Law Enforcement, Freedom of Expression, and its Place in the Realm of Ideological Crimes during the Disengagement Period,” in Freedom of Speech In Light of Prime Minister Sharon's Disengagement Plan (Gaza First Plan), University of Haifa (December 20, 2005). http://hcc.haifa.ac.il/~rca/center/
20. Manny Mazuz, “The democratic test,” Maariv (August 17, 2005).
21. Eran Shendar, “Law Enforcement, Freedom of Expression, and its Place in the Realm of Ideological Crimes during the Disengagement Period,” in Freedom of Speech In Light of Prime Minister Sharon's Disengagement Plan (Gaza First Plan), University of Haifa (December 20, 2005).
22. R. Cohen-Almagor, “Why Incitement Should Be Excluded from the Protection of the Free Speech Principle?” State and Society, Vol. 3, No. 1 (2003), pp. 561–584 (Hebrew). For further discussion on ethical media coverage of anti-democratic, violent groups and activities, see R. Cohen-Almagor, “Media Coverage of Terror: Troubling Episodes and Suggested Guidelines,” Canadian Journal of Communication, Volume 30, No. 3 (2005), pp. 383–409.
23. Anat Balint, “The Second Authority to ‘Reshet’: Be careful not to encourage extremists,” H'aaretz (July 27, 2005).
24. Anat Balint, “The Second Authority to ‘Reshet’: Be careful not to encourage extremists,” H'aaretz (July 27, 2005).
25. Ibid.
26. Ayelet Goldstein, “Shklar's request to rethink the broadcasting of the Pulsa Denurah tape against the prime minister in ‘Mishal Cham’ is denied,” ice (July 27, 2005)
27. Ayelet Goldstein, “Shklar's request to rethink the broadcasting of the Pulsa Denurah tape against the prime minister in ‘Mishal Cham’ is denied,” ice (July 27, 2005)
28. Anat Tal-Shir and Guy Mey-Tal, “Death curse,” Yedioth Ahronoth (July 27, 2005), pp. 2–3; “Praying for Sharon's death,” Maariv (July 27, 2005), p. 1; Yuval Lidor, Uri Yablonka, Menahem Rahat, and Avishai Ben-Haim, “Pulsa Denurah against the prime minister,” Maariv (July 27, 2005), p. 6. One more photo appeared on p. 7, as if the photo on p. 1 was not enough to transmit the message.
29. Yaniv Zach, Uri Yablonka and Uri Glickman, “Pulsa Denurah on sale,” NRG Maariv (July 27, 2005).
30. Anat Balint, “The Second Authority to ‘Reshet’: Be careful not to encourage extremists,” H'aaretz (July 27, 2005).
31. Ibid.
32. Anat Balint, “The Second Authority to ‘Reshet’: Be careful not to encourage extremists,” H'aaretz (July 27, 2005).
33. Former Labour minister and Ambassador to the UN, Gad Yaakobi, found it peculiar that those standing on the balcony, who saw nothing and heard nothing, still chose not to condemn the phenomenon the day after the demonstration, when they heard, together with the rest of the public, what had occurred beneath them. G. Yaakobi, “Speech Responsibility and Normative Behavior in Israeli Democracy,” in Freedom of Speech In Light of Prime Minister Sharon's Disengagement Plan (Gaza First Plan), University of Haifa (December 20, 2005).
34. Criminal file 673/95 of March 17, 1996, judgment delivered by Judge Uri Ben-Dor, Magistrate's Court, Jerusalem.
35. For further deliberation, see R. Cohen-Almagor, “Ethical Boundaries to Media Coverage,” Australian Journal of Communication, Vol. 26, No. 2 (1999), pp. 11–34, reprinted in John R. Rowan and Samuel Zinaich, Jr. (eds.), Ethics for the Professions (Belmont, CA: Wadsworth, 2003), pp. 386–393.
36. Uri Yablonka, “As ten years ago,” Maariv (June 23, 2005), p. 14.
37. Uri Yablonka, “Youth called for Sharon's murder during Goldstein's memorial,” Maariv (March 18, 2003), p. 19.
38. Avraham Tirosh, “Be careful of stray weeds,” Maariv (June 4, 2003), p. 7.
39. DavidRattner, “11% of the right: Inflicting physical harm on politicians is forgiven,” Haaretz (July 8, 2004). For further discussion, see Asher Arian, Shlomit Barnea et al., The 2005 Israeli Democracy Index (Jerusalem: The President's Conference, November 2005).
40. Amiram Barkat et al., “PM: Justice Ministry must uproot right-wing incitement,” Haaretz (July 5, 2004).
41. Bradley Burston, “Background / A bullet with Sharon's name on it,” Haaretz (July 7, 2004).
42. Bradley Burston, “Settler as Israel's victim: The right cries abuse,” Haaretz (July 5, 2004).
43. http://almagor.blogspot.com (July 2005).
44. http://almagor.blogspot.com (March 24, 2005). See also Nadav Shragai, “Top rabbi: Din rodef on anyone ceding land,” Ha'aretz (June 30, 2004).
45. Haim Cohen, “Dangerous Halakhah,” http://www.come-and-hear.com/supplement/free-judaism-cohen.html.
46. http://almagor.blogspot.com (March 24, 2005).
47. See Moshe Negbi, “The judges' guilt,” Maariv (November 10, 1995), p. 23. Also Moshe Negbi, “First attempts to destroy Israeli democracy,” Maariv (October 13, 1995), p. 13 and Negbi's book, We Were Like Sodom (Jerusalem: Keter, 2004), chapter 8 (Hebrew).
48. Arie Caspi wrote that once he happened to be in hotel lobby when Yitzhak Rabin arrived, accompanied by his bodyguards. If anyone wanted to make physical contact with Rabin, he would have failed. The bodyguards looked skilled in distancing people from the prime minister. But anyone in the lobby could have easily shot Rabin from a close distance. Caspi warned against such gunshots. See Arie Kaspi, “Who is targeted?,” Haaretz (October 20, 1995), pp. 10–11 (Weekend section). Also Yossi Valter, “Someone might rise to kill 40 leftists,” Maariv (October 8, 1995), pp. 6–9 (Sukkut supplement); Yossi Levi, “Former SHABAC senior official: “Today there is real danger someone may try to assassin Rabin,” Maariv (October 12, 1995), pp. A2–3.
49. Baruch Meiri and Shmuel Mitelman, “Ben-Yair: Two weeks before the murder I warned against such a possibility,” Maariv (November 13, 1995), p. 19.
50. Inquiry Committee for Prime Minister Rabin's Murder: Report (Jerusalem: Government Printing, 1996), p. 203 (Hebrew).
51. See Nadav Shargay, “Eliezer Waldman suggests the left wing does self-examination,” Ha'aretz (November 7, 1995), p. B; Shachar Ilan, “The Orthodox newspaper ‘This Week’: Rabin was murdered because of the desecration of Shabbat in the rally,” Ha'aretz (November 10, 1995), p. A5; Gabi Zohar, “Rafael Eitan to high-school students: ‘The law states that the giving up of land- deserves death’” Ha'aretz (November 24, 1995) p. A3.
52. Further Criminal Hearing 1789/98 State of Israel v. Benjamin Kahane, P.D. 54 (5), 145 (decided on November 27, 2000).
53. H.C. 73/53, 87/53 Kol Ha'am v. Minister of the Interior, P.D. 7, 871.
54. Further Criminal Hearing 8613/96, Muhammad Yoseph Jabarin v. State of Israel, P.D. 54 (5), 193 (decided on November 27, 2000).
55. Penal Law (Incitement to Violence) (Amendment No. 66), 2002, passed in the Knesset on May 15, 2002. www.halachot.co.il
56. For further discussion, see Miriam Gur-Arye, “Can Freedom of Expression Survive Social Trauma: The Israeli Experience,” Duke J. of Comparative & International Law, Vol. 13 (Winter 2003): 198–202; Mordechai Kremnitzer, “What Is Forbidden Incitement?,” in M. Konfino (ed.), Power of the Words and Weakness of Mind (Tel Aviv: Yitzhak Rabin Center/Am Oved, 2002):100–111 (Hebrew). Compare this law to the Austrian Verhetzung, Section 283 of the Criminal Code – incitement to hostile action and to Sections 281, 282. English translation available at European Monitoring Centre on Racism and Xenophobia, EUMC Study on Anti-Discrimination Legislation in EU Member States, Austria (Vienna, 2002), p. 12; http://eumc.eu.int/
57. Yuval Yoaz, “Legal Advisor to the Government: No indication Yitzhak Rabin's murder was due to incitement,” Haaretz (August 10, 2005).
58. “A skullcap does not confer immunity from observing the law,” Mazuz continued, “But no one wants to link the words of one person and the acts of another.” See Yuval Yoaz, Ibid.
59. Gad Yaakobi, “Speech Responsibility and Normative Behavior in Israeli Democracy,” in Freedom of Speech In Light of Prime Minister Sharon's Disengagement Plan (Gaza First Plan), University of Haifa (December 20, 2005).
60. Asa Kasher, “Our Hands Didn't Shed This Blood?” in Freedom of Speech In Light of Prime Minister Sharon's Disengagement Plan (Gaza First Plan), University of Haifa (December 20, 2005).
61. Inquiry Committee for Prime Minister Rabin's Murder: Report (Jerusalem: Government Printing, 1996), p. 203 (Hebrew).
62. Manny Mazuz, “The democratic test,” Maariv (August 17, 2005).
63. See Yuval Yoaz, “Shlomo Cohen uses censorship- in the name of free speech,” The Marker On Line (August 18, 2005).
64. http://www.haaretz.co.il/hasite/objects/pages/PrintArticle.jhtml?itemNo=614198 or http://www.haaretz.co.il/hasite/pages/ShArtPE.jhtml?itemNo=614198&contrassID=2&subContrassID=6&sbSubContrassID=0
65. Duncan Gardham and George Jones, “Muslim cleric jailed for inciting murder,” The Daily Telegraph (February 2, 2006), http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/02/08/nhamz08.xml
66. “Of imams and Nazis; Racial and religious hatred (Free speech and Islam in Britain),” The Economist (US) (February 11, 2006): 26.
67. Duncan Campbell, “‘Cleric of hate,’” The Guardian (February 7, 2006), http://www.guardian.co.uk/terrorism/story/0,,1704307,00.html
68. Duncan Gardham, “Suicide bombing a legitimate tactic, says Hamza” The Daily Telegraph (January 21, 2006), http://www.telegraph.co.uk/news/main.jhtml;jsessionid=UHNB0I5FDALFHQFIQMGSFGGAVCBQWIV0?xml=/news/2006/01/21/nhamz21.xml
69. Tom Regan, “Abu Hamza sentenced to seven years; US will try to extradite,” The Daily Telegraph (February 8, 2006). For further discussion, see Mark Steyn, “Are we serious? (Abu Hamza Islamic cleric),” National Review, Vol. 58, No. 2 (February 13, 2006): 56.
70. Duncan Campbell, “‘Cleric of hate,’” The Guardian (February 7, 2006), http://www.guardian.co.uk/terrorism/story/0,,1704307,00.html
71. “Ofimams and Nazis; Racial and religious hatred (Free speech and Islam in Britain),” The Economist (US) (February 11, 2006): p. 26.
73. “Of imams and Nazis; Racial and religious hatred (Free speech and Islam in Britain),” The Economist (US) (February 11, 2006): p. 26.
74. http://www.smh.com.au/news/world/radical-muslim-cleric--gets-seven-years/2006/02/08/1139074254440.html; http://www.rte.ie/news/2006/0207/hamza.html
75. Duncan Campbell, Vikram Dodd and Tania Branigan, “Guilty: the cleric who preached murder as a religious duty,” The Guardian (February 8, 2006), http://www.guardian.co.uk/terrorism/story/0,,1705003,00.html
76. Duncan Gardham and George Jones, “Muslim cleric jailed for inciting murder,” The Daily Telegraph (February 2, 2006), http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/02/08/nhamz08.xml. See also http://www.religionnewsblog.com/13536
77. Duncan Campbell, Vikram Dodd and Tania Branigan, “Guilty: the cleric who preached murder as a religious duty,” The Guardian (February 8, 2006), http://www.guardian.co.uk/terrorism/story/0,,1705003,00.html
78. Duncan Campbell, Vikram Dodd and Tania Branigan, “Guilty: the cleric who preached murder as a religious duty,” The Guardian (February 8, 2006), http://www.guardian.co.uk/terrorism/story/0,,1705003,00.html. For further discussion, see “Cartoon wars - Cartoon wars; To come,” The Economist (US) (February 11, 2006): 9.
79. Eliza Barlow, “‘Most vile and hateful’: Internet hate crime against Jews,” The Edmonton Sun (September 1, 2006), p. 6; Bill Mah, “Anti-Semitic diatribe wraps trial: Sentencing hearing turns into debating circus,” The Edmonton Journal (September 1, 2006): B5.
80. Bill Mah, “Hate-monger gets 16 months,” The Edmonton Journal (September 2, 2006).