Balancing the protection of civil liberties during wartime: How the Israeli Supreme Court shaped Palestinian freedom of expression during the Second Intifada |
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| Authors: | Yuval Karniel |
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| Institution: | School of Media Studies and the School of Law, Israel Academic College of Management, Israel |
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| Abstract: | Freedom of expression has long been one of Israel's most basic tenets. Since the beginning of the “Al Aksa Intifada” in October 2000, many bodies in Israel have attempted to limit this freedom when expressed by Israeli Arab Palestinians on the grounds that such expression is harmful to the public and forms an incitement for terror. The Israeli Supreme Court, despite heavy opposition by the public, was nevertheless able in most instances to uphold and protect this liberty. Despite public outcry, the Court performed a delicate balancing act, balancing Israel's need to protect itself from its enemies against the basic freedom of expression to which all of its citizens are entitled. The mechanics of this judicial balancing act by a country that is no stranger to war and terrorism can serve as a useful guide for other countries struggling to deal with similar assaults to their democratic way of life. |
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