Subscribe to Print Edition | Tue., November 11, 2008 Cheshvan 13, 5769 | | Israel Time: 01:29 (EST+7) web haaretz.com   Back to Homepage Haaretz Toolbar Diplomacy Defense Jewish World Opinion National Print Edition Car Rental Books Haaretz Magazine Business Real Estate U.S. election Travel Week's End Anglo File

Three shots and one society By Ze'ev Segal Tags: israel news Even today, 13 years later, the day that commemorates the assassination of prime minister Yitzhak Rabin is seen - as we can learn from commentary after Saturday night's rally - as a basis for the dispute between right and left, not as a day that unites a polarized society, as it should be. Although the audience that gathered in Rabin Square applauded the words of Foreign Minister Tzipi Livni, who said that "the three shots in the square united us all," it is hard to say these words reflect the Israeli reality. Unfortunately, Prime Minister Ehud Olmert was right when he said at the cabinet meeting yesterday that the atmosphere that led to the shots is still with us and that we are far from genuine soul-searching. Much can be written about the atmosphere of incitement that preceded the murder and about the incitement being heard today, from various sides, based on what they see as the right political line. It is doubtful whether what Americans call "fighting words" are voiced from only one side of the political map. Israel has adopted the viewpoint that freedom of expression is the freedom of the speaker, and not the freedom of his interlocutor, to utter sharp, strident and infuriating words. Advertisement The threat of violence against people with certain opinions has long become routine in Israeli society. The fear of an outbreak of violence is also exploited to prevent administrative and judicial decisions designed to find a "balanced formula" between clashing social interests. Former Supreme Court president Aharon Barak explained about the ruling to permit traffic on Shabbat on Jerusalem's Bar-Ilan Street that a threat of law-breaking behavior is not defined as a relevant consideration and should not be taken into account even when a sensitive issue is at stake. Justice Ayala Proccacia recently explained in a ruling of the High Court of Justice that we must not give in to a fear of acts of violence by extremists "who want to force their will on the government authorities." The message to be learned from Rabin's assassination is not limited to the left. Rabin's desire for peace, which is today called "the Rabin legacy," does not characterize Rabin alone. The late prime minister Menachem Begin embarked on the path to peace and paved a road that his disciples are trying to carry on to the best of their belief. Yitzhak Rabin was supposed to be engraved in the entire public's consciousness, from right to left, all of whom remember where they were on the night of the murder - not necessarily because of his path and beliefs. Our collective memory is based on the fact that Rabin was assassinated by a murderer who rejected his political policy. This should serve as a black flag that says "stop" to political violence and ideological criminality. Freedom of expression is also really the freedom to disseminate dangerous and disturbing opinions. In the United States, from which we have drawn inspiration to reinforce this freedom in Israel, the Supreme Court, by a majority of five to four, ruled that burning the national flag is an inseparable part of the freedom of expression guaranteed in the Constitution. In Israel no similar issue has come to the Supreme Court, but the ruling exalts the freedom to express disturbing opinions cloaked as factual information, as part of the political discourse. This removes from the context of freedom of expression physical violence that harms another person, violence whose ultimate expression is murder. The Americans say your right to swing your fist - a type of freedom of expression - ends where my nose begins. Physical violence is not a legitimate expression because it undermines a person's right to his body, dignity and life - a constitutional right that our country must work to preserve, in accordance with the Basic Law on Human Dignity and Freedom. Not only is political assassination not protected by the law of the state, it is not even included in the broad context of freedom of expression. Israeli society is a divided society, which is defined by sociologists as a society "overburdened" by debates, disputes and social and ideological rifts. In such a society the public debate must be conducted harshly, conscientiously and with almost no holds barred in "the free market of ideas," in the words of U.S. justice Oliver Wendell Holmes. The use of criminal law to restrict the freedom of expression must be done sparingly, only in the face of a real possibility of an outbreak of violence after incitement. The response to an expression must be another expression and great tolerance even when confronting intolerance. At the same time, the use of various forms of violence cannot be considered a legitimate expression in a democratic society. Such a use is beyond the tolerance of a society that wants to live. Bookmark to del.icio.us   No light at the end Amira Hass / Powerless in Gaza, residents rely on the tunnels. Offensive strikes Report: U.S. secretly attacked dozens of Mideast targets since 2004.

Read & React Livni: I'm not repeating mistakes of Camp David Responses: 67 Bradley Burston: Obama, and the first Arab prime minister of Israel Responses: 160 Editorial: Israel should listen to Hamas Responses: 71 Olmert: To honor Rabin, Israel must cede land Responses: 139 Report: U.S. secretly attacked dozens of Mideast targets since 2004 Responses: 39 More Headlines 00:42 Report: IAEA finds traces of uranium at suspected Syrian nuclear site 22:54 Israel to resume minimal fuel shipments to Gaza 00:03 Olmert: To honor Rabin, Israel must cede land 00:30 Olmert speech urging settlers to prepare for withdrawal sparks outrage 15:12 Likud Chief Netanyahu: If elected, I'll continue peace talks 23:18 U.S. Jewish group to Mormons: Stop baptizing Holocaust victims 01:26 Arab League chief: Foreign forces may be deployed after Israeli withdrawal 01:00 2,000-year-old gold earring found beneath Jerusalem parking lot 19:40 Holocaust education taskforce teams up with Council of Europe to fight anti-Semitism 20:12 Jewish group: Synagogue in Hungary vandalized on eve of Kristallnacht anniversary 23:54 Amira Hass / Powerless in Gaza, residents rely on the tunnels 12:29 IDF: Army may need to respond to fresh terror alerts from Gaza 20:13 Report: U.S. secretly attacked dozens of Mideast targets since 2004 18:52 Female teacher suspected of having sex with 17-year-old student Previous Editions Select Day 10 nov 09 nov 07 nov 06 nov 05 nov 04 nov 03 nov 02 nov 31 oct 30 oct 29 oct 28 oct

Special Offers Advertisement Living in Israel Studying in English Click & Meet our students from all around the world Dan Boutique Jerusalem New Dan Hotel in Jerusalem Young, Fun & Distinctively Dan Book Now Online! Fattal Hotel Chain Perfectly located hotels on best resorts of Israel. Car rental in Israel Shlomo Sixt Receive $15.00 from our low rates. Dial 013 for your long-distance calls and get all your money back US CITIZENS Vote for real change. Request your ballot today! Eldan Rent a Car Israel's leading car rental company offers you a 20% discount on all online reservations Jewish Singles Personal Ads Find the love of your life on JDate.com Israel's Premier Real Estate Website www. israel-property.com Hebrew Summer courses From $39.95 Junkyard Junk a car - get free towing nationwide and a tax-deductible receipt

Home | TV | Print Edition | Diplomacy | Opinion | Arts & Leisure | Sports | Jewish World | Underground | Site rules |

Real Estate in Israel | Travel to Israel with Haaretz | Hotels Israel | Restaurants Israel | Tourist attractions Israel | Shops Israel

birthright Israel | Search engine marketing

Haaretz.com, the online edition of Haaretz Newspaper in Israel, offers real-time breaking news, opinions and analysis from Israel and the Middle East. Haaretz.com provides extensive and in-depth coverage of Israel, the Jewish World and the Middle East, including defense, diplomacy, the Arab-Israeli conflict, the peace process, Israeli politics, Jerusalem affairs, international relations, Iran, Iraq, Syria, Lebanon, the Palestinian Authority, the West Bank and the Gaza Strip, the Israeli business world and Jewish life in Israel and the Diaspora.

© Copyright  Haaretz. All rights reserved