'Expanding the Space(s)’: Thoughts on Law, Nationalism and Humanism – Following the Bishara Case

In February 2006, the Supreme Court of Israel ruled that Azmi Bishara, a former Member of Knesset (MK), should not be criminally prosecuted for speeches he made several years ago in which he praised Hezbollah for its success in the fight against the Israeli military in southern Lebanon and expressed support for the “resistance” to the Occupation. The Supreme Court determined that MK Bishara’s remarks fell within the immunity accorded to MKs with regard to “expressing a view … in fulfilling his role.” The case against MK Bishara was the first in which an indictment was filed against an MK for expressing a political view, and therefore the ruling was very important for determining both the scope of the material immunity enjoyed by MKs and the protection of free speech in general. In this short article, we seek to discuss several aspects of the decision, including a political issue of particular importance and sensitivity: the space allowed by Israeli law for the Palestinian Arab minority to act in the Palestinian-Israeli conflict and the Arab-Israeli conflict.

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Medina, Barak and Ilan Saban. "'Expanding the Space(s)’: Thoughts on Law, Nationalism and Humanism – Following the Bishara Case". Adalah’s Review on Criminalization, 5, (Spring 2009), 29-33.
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