Regulating Hate and Racial Speech in Israel

Cardozo Journal of International and Comparative Law, Vol. 17, pp. 101-110, 2009

10 Pages Posted: 18 Jun 2009 Last revised: 20 May 2014

See all articles by Raphael Cohen-Almagor

Raphael Cohen-Almagor

University of Hull; Middle East Study Centre; Woodrow Wilson International Center for Scholars

Date Written: June 17, 2009

Abstract

Israel is a Jewish democracy. It is founded on Halacha (Jewish law) and on liberal principles. While some segments of Jewish orthodoxy believe there is no room for freedom because all is dictated by the Almighty, liberal ideology is based on the tenets of freedom. While some segments of Jewish orthodoxy believe that all Jews are in the same boat, and must sink or swim together, liberalism believes in tolerance and in a “live and let live” attitude. The tension between the two basic foundations of Israel is noticeable and significant.

In this paper, I discuss the question whether the liberal State should prosecute people for preaching hate. After presenting both sides of argument, I argue that the State ought to weigh the costs of allowing hate speech as well as the risks involved, and balance these against the costs and risks to democracy and free speech censorship. Considering Israel’s special circumstances, its legal framework, and recent trends following Israel’s evacuation of the Gaza Strip I argue that in a perfect world we would respond to hate with education, not criminal laws. But our world is not perfect and history shows that hate speech might lead to horrible crimes. Therefore, legal intervention may be warranted to fight down racism and bigotry. At the same time we should insist on satisfying some stringent requirements before we pursue the legal avenue. The law may be appropriate but only in significant rare circumstances.

Keywords: Israel, Jewish democracy, Halacha, hate speech, balancing

JEL Classification: Z00

Suggested Citation

Cohen-Almagor, Raphael and Cohen-Almagor, Raphael, Regulating Hate and Racial Speech in Israel (June 17, 2009). Cardozo Journal of International and Comparative Law, Vol. 17, pp. 101-110, 2009, Available at SSRN: https://ssrn.com/abstract=1421174

Raphael Cohen-Almagor (Contact Author)

University of Hull ( email )

Cottingham Road
Hull, Great Britain HU6 7RX
United Kingdom

HOME PAGE: http://https://www.hull.ac.uk/faculties/staff-profiles/raphael-cohen-almagor.aspx

Woodrow Wilson International Center for Scholars ( email )

One Woodrow Wilson Plaza
1300 Pennsylvania Ave., NW
Washington, DC 20004
United States

Middle East Study Centre ( email )

Cottingham Road
Hull, HU6 7RX
United Kingdom
0044-1482 465024 (Phone)
0044-1482-466208 (Fax)

HOME PAGE: http://hcc.haifa.ac.il/~rca

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
136
Abstract Views
1,202
Rank
383,493
PlumX Metrics