Judge says phrase ‘denied right of Israel to exist’ but woman’s lawyer says ruling is a defeat for free speech

A Berlin court has convicted a pro-Palestinian activist of condoning a crime for leading a chant of the slogan “from the river to the sea, Palestine will be free” at a rally in the German capital four days after the Hamas attacks on Israel, in what her defence team called a defeat for free speech.

The presiding judge, Birgit Balzer, ordered 22-year-old German-Iranian national Ava Moayeri to pay a €600 (£515) fine on Tuesday, rejecting her argument that she meant only to express support for “peace and justice” in the Middle East by calling out the phrase on a busy street.

Balzer said she “could not comprehend” the logic of previous German court rulings that determined the saying was “ambiguous”, saying to her it was clear it “denied the right of the state of Israel to exist”.

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    • LifeInMultipleChoice@lemmy.worldEnglish
      93·
      5 months ago

      Not following what you mean here as I am unfamiliar with Germany’s justice system, but how would a judge be democratic? Criminal trials having the whole country vote on what the individual result would be? Or are you saying they democratically voted for free speech, and this judgement did not follow that?

      I would say this is consistent with Germany’s rules about not having Nazi emblems, which would also be against free speech one could argue.

      Unfortunately I don’t think you can easily write a law that said, ban people calling for violence against people do to their race, gender, nationality, or other discriminating factor, except when we don’t want it too.

      • Senshi@lemmy.worldEnglish
        13·
        5 months ago

        It’s is important to understand what law is used for these rulings.

        Germany limits free speech by putting penalties on speech that calls for others to commit crimes. This is rarely actually enforced by police or judges when it is about minor things or clearly satirical/parody usage. On the other hand, when it’s clearly malicious intent and for severe crimes, there’s little tolerance.

        Most commonly this happens when people publicly call for violent regime changes (attacking democratic/republican or feudal constitutional principles) or calling for violence against basic human rights, e.g. supporting genocide, deportations of specific groups, etc…

        This actually serves as a strong base which is mostly used to combat domestic terrorism and unconstitutional organizations such as far right parties ( see dissolution of NPD).

        Calling for support of an officially recognized terrorist organization is a surefire way to get into trouble. Hamas is, as in many countries, recognized as such by Germany. The judge now based their ruling on the belief that the chant is “clearly and obviously used to support Hamas” and as such supports terrorism.

        What the article above does not tell: This ruling is incredibly controversial in Germany, and it is actually very likely to be overturned in a higher court. There even are precedent rulings of the same chant with entirely different ruling outcomes.

        It really saddens me to see so many clearly well-meaning left-oriented people on Lemmy get outraged so easily without being informed. If you lack info, I feel such news should be approached with cautious neutrality until more info is gathered and an opinion is formed and voiced.

        Yes, it’s fine to dislike this ruling and voice such an opinion. But calling Germany fascist or “freedom of speech is dead in Germany” based on such an individual event is just comically far from the truth.

        We have checks and balances in Germany. Our system is not perfect, but whose is, and I firmly believe it’s still better than most out there.

        Germany has no infinite freedom of speech, but I also firmly believe that being intolerant of intolerance is absolutely vital for a robust liberal society. So I’m fine with deeply disruptive and simply vile inciting speech being treated as criminal.

      • febra@lemmy.worldEnglish
        14·
        5 months ago

        Or are you saying they democratically voted for free speech, and this judgement did not follow that?

        Exactly what I’m saying. Germany is expanding it’s undemocratic arsenal of laws to suppress anything that doesn’t fit its political and foreign policy agenda.