Israelis only free to do what the government permits
How Olmert justifies failure
Filed undER: Front Page
Caroline Glick, THE JERUSALEM POST Jul. 6, 2006

Prime Minister Ehud Olmert's secret visit to Sderot Tuesday morning was met with snorts of disgusted laughter. When the prime minister of Israel treats a visit to a city in Israel as a military secret on the order of an American presidential visit to Baghdad, the message he sends is cleAR: Israel's withdrawal from Gaza last summer was a national security disaster - and he knows it.

... Last month the government submitted to the Knesset a bill to change the sections of the criminal code relating to the crime of incitement. In the bill's explanatory notes, the government claims that there is a need to broaden the scope of the statute to "prevent the 'pollution' of the public debate." The government also claims that freedom of speech must be constricted "to prevent an atmosphere that threatens the members of society and its leaders [and so prevents] them from forming their views and expressing them freely."

Dr. Avi Bell, a constitutional law expert from Bar-Ilan University's Law School, explains that the explanatory note reveals the amendment's anti-liberal intentions. "Rather than adopting the liberal assumption that people should be free to do whatever they want unless there is a compelling reason for the government to abridge their freedom, it adopts the anti-liberal assumption that people are free only to do what the government permits them to do, and, in this case, the government should not permit them to speak in a way that produces a 'violent' and 'polluted' public discourse."

The same anti-liberal tendencies are evident in a bill the government pushed through a first reading in Knesset on Wednesday that would make it illegal to publish opinion polls in the three weeks leading up to national elections. Here too, the government's claim to champion democracy is undermined by its actions. Indeed, its actions empty the term "democracy" of
all meaningful content.

The government's illiberal tendencies were similarly exposed by its decision this past month to restrict the freedom of movement of more than 20 citizens in Judea and Samaria. According to the Attorney General's Office, although none of these people have been indicted on any charges, they are all "dangerous."

All these citizens live and work in Judea and Samaria, and so the consequence of the restraining orders issued against them is that they are prohibited from living in their homes, seeing their families or going to their jobs. While the government does not have enough evidence to arrest any of these supposedly dangerous people for any crime, by issuing the restraining orders, the police are free to arrest them if they dare to enter their own homes.

No self-respecting liberal democracy would accept this sort of behavior, yet in Israel, the government justifies its trampling of democratic norms in the name of democracy.

An Israeli government that was interested in strengthening Israel's Jewish majority and its democratic system would be making use of the ample and readily available opportunities for doing both. Rather than doing so, the Olmert government is ignoring and indeed undermining these opportunities while, in the name of democracy and demographic stability, it is advancing a policy that will turn Jerusalem, Tel Aviv, Netanya, Ra'anana, Kfar Saba, Afula, Hadera and Tiberias into frontline communities just like Sderot and Ashkelon.