Compromising Democracy: Inhibiting Free Speech of Politicians

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Background
Principles

DETAILS AND QUOTES ILLUSTRATING HOW ISRAELI LAWS LEGALIZE DISCRIMINATION, OPPRESSION AND EXPLOITATION:

I. LAWS COMPROMISING DEMOCRACY - third way Israel compromises the democratic nature of its government ...

Point to be
Examined

- 3. Inhibiting Basic Civil Rights Such As Freedom of Speech and Freedom of Association.

Details
Requested

A. Limiting free speech of those who run for office (membership) in the legislature (Knesset).

1) The Knesset passed the famous 9th amendment (1985) of the "Basic Law: The Knesset" (1958), which declared that candidates who negated "the existence of the State of Israel as the state of the Jewish people" could be forbidden from running for membership in the Knesset. Advocating for equal rights was included in this by the government and the courts because equal rights for all Israelis would by definition negate "the existence of the State of Israel as the state of the Jewish people" because if everyone in Israel had equal rights then Israel would no longer be special for the Jewish people - which is what makes it a "Jewish State".

Ironically, this is seen by many as contradictory to the other two parts of the law -

"(2) negation of the democratic character of the State" -- many theorize that promoting discrimination favoring one group over all others based on their religion as is done in point #1 automatically undermines the democratic character of the State;
"(3) incitement to racism." -- promoting discrimination favoring one group of people over all others based on religion is a form of racism.

Even more ironically, one of the main people who pointed this out was Rabbi Meir Kahane, an racist extremist promoting extremely racist policies against the Palestinian people.

BASIC LAW: THE KNESSET (AMENDMENT NO. 9)
(passed by the Knesset on the 13th Av, 5745 (31st July, 1985))

Amendment of
section 7A. 1. In the Basic Law: The Knesset(1), the following section shall be inserted after section 7:

"Prevention of
participation
of
candidate's
list. 7A. A candidates' list shall not participate in elections to the Knesset if its objects or actions, expressly or by implication, include one of the following:

(1) negation of the existence of the State of Israel as the state of the Jewish people;

(2) negation of the democratic character of the State;

(3) incitement to racism.".

2) This was reaffirmed in the Political Parties Law (1992).

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