Showing posts with label Dorit Beinisch. Show all posts
Showing posts with label Dorit Beinisch. Show all posts

Tuesday, December 06, 2011

This Is Incitement, Use It Judiciously, Mrs. Beinisch

Ever since 1995, the term "incitement" has taken center stage in the left-right divide in Israel's politics and and judicial considerations.

Incitement is a key buzz word that is employed to halt any robust discussion and it indicts, especially, the nationalist camp, religious or secular.

Even the President of the Supreme Court employs the language:

"This is a campaign of delegitimization led by a number of politicians, Knesset members and even cabinet ministers, who exploit their [parliamentary] immunity and give the general public false and misleading information that has deteriorated into incitement against the court, the justices and the judiciary's work," she said.

President Shimon Peres used it a month ago:

During an official memorial ceremony Tuesday night at the President's Residence, Peres honored Rabin and reflected on their relationship.

"We will never forget your walking down the road of hate and incitement, along a landscape of violence and provocation. You did not panic. You did not retreat. You did not stop your march," Peres said.

Haaretz's Akiva Eldar used it in a call to American Jewish leaders to intervene in Israel's democracy:

For several long months, the (mostly self-appointed ) "leaders" in the U.S. community have ignored the unbridled incitement launched by Israel against human rights organizations, the Supreme Court and the media.

Charges have recently been brought:

A-G orders incitement probe into Safed rabbi

Attorney-General Yehuda Weinstein decided on Tuesday to open a criminal investigation against Rabbi Shmuel Eliyahu, chief rabbi of Safed, on suspicion of incitement to racism.

The investigation will be based on a number of statements Eliyahu made in reference to the Israeli-Arab community which were publicized by the media.

So, should we not try to ascertain what "incitement" is in a democracy other than Israel?

This is what is incitement in America:

State v. Turner, 2011 WL 4424754 (Conn. Super. September 6, 2011)

A Connecticut state court held that prosecuting a blogger for posting content online encouraging others to use violence did not violate the blogger’s First Amendment right to free speech.

Defendant was charged under a Connecticut statute prohibiting individuals from “inciting injury to persons or property.” Angry about a bill in the state General Assembly that would have removed financial oversight of Catholic parishes from priests and bishops, defendant posted the following statements to his blog:

•[T]he Founding Fathers gave us the tools necessary to resolve [this] tyranny: The Second Amendment
•[My organization] advocates Catholics in Connecticut take up arms and put down this tyranny by force. To that end, THIS WEDNESDAY NIGHT ON [my radio show], we will be releasing the home addresses of the Senator and Assemblyman who introduced bill 1098 as well as the home address of [a state ethics officer].
•These beastly government officials should be made an example of as a warning to others in government: Obey the Constitution or die.
•If any state attorney, police department or court thinks they’re going to get uppity with us about this, I suspect we have enough bullets to put them down too

Defendant challenged the application of the state statute as unconstitutional. The court disagreed, finding there to be “little dispute that the defendant’s message explicitly advocate[ed] using violence.” Moreover, the court found the threatened violence to be “imminent and likely.” The blog content said that the home address of the legislators and government officials would be released the following day.

Though the court did not find that a substantial number of persons would actually take up arms, it did note, in a nod to 9/11, “the devastation that religious fanaticism can produce in this country.” As such, there was a sufficient basis to say that defendant’s vitriolic language had a substantial capacity to propel action to kill or injure a person.

Mrs. Beinisch, learn to use words judiciously.

For the law's sake, for Israel's democracy sake.


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Monday, August 16, 2010

Beinisch Goes Slumming

Here's Justice Dorit Beinisch (center right), President of Israel’s Supreme Court, meeting with major funders of post-Zionism, anti-Yesha campaign leaders such as Ford Foundation President Susan Berresford (center left). In the back row from left to right are Israel Executive Director of the New Israel Fund, Eliezer Yaari; NIF Board VP in Israel Neta Ziv; Ford Foundation Deputy Vice President, Program Management David Chiel; Ford Israel Fund Director Aaron Back; and NIF CEO Larry Garber.



Wow.

(Kippa tip: INN)

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Tuesday, July 22, 2008

So, The Media IS Guilty

Beinisch: Media to blame for public's loss of faith in courts

In defending the integrity of the court system as the guardian of Israel's democratic values, Supreme Court President Dorit Beinisch lashed out on Monday against public-opinion makers who, she said, were zealously laboring to transform the legal discourse into an unprofessional public debate with the aim of influencing the judicial process.

Journalists, public-relations people and lawyers for the involved parties choose to conduct their cases on the television screen, in the press and in public forums. This particular phenomenon, Beinisch asserted, was generated solely by the desire to whip up public opinion and thereby influence the courts and impinge on the legal process.

Beinisch was responding to findings in a survey by the Israel Democracy Institute, which for the first time in years indicated that the public no longer regards the Supreme Court as the institution that best safeguards democracy.

Tuesday, November 27, 2007

Othniel Finally Does Some Good

Former Yesha Council secretary-general, Othniel Schneller, now a Kadima MK, finally has done something for which I can congratulate him:-

Supreme Court President Dorit Beinisch should disqualify herself from deliberating issues related to settlement activity in the West Bank, MK Otneil Schneller said Wednesday morning following a The Jewish Daily Forward report that during a meeting last month with US Ambassador to Israel Richard Jones, Beinisch was asked to comment on rulings made by the supreme court regarding settlement activity in the West Bank.

...Beinisch had compromised her position by involving herself in political issues and by allowing the Americans to dictate judicial policy to her, Schneller told Israel Radio.