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Attorneys for the Requester to join: Amit Responses to an Order Nisi Facts: The petitions sought to void the Prevention of Harm to the State of Israel by means of Boycott Law, hereinafter: The Law attributes tortious liability and establishes various administrative restrictions against anyone who knowingly publishes a public call to impose a boycott on the State of Israel, as defined by the Law.
Human Dignity and Liberty, and Basic Law: The High Court of Justice, in an expanded bench of nine justices, held: The Court unanimously decided to void sec. Additionally, the majority per Melcer J.
From the language of the Law, we learn that anyone who knowingly publishes a call for the imposition of a boycott against the State of Israel, as defined by the Law, may be deemed to have committed a tort. Moreover, the participation of such a person, or one who has committed to participate in such a boycott, may be restricted, and Wm thesis beer distributer is possible that such a person may be prevented from receiving various financial benefits governmental grants, tax exemptions, state guarantees, etc.
Thus, most of the sanctions imposed by the Law already apply at the speech stage. Therefore, the Boycott Law indeed infringes freedom of expression and is repugnant to the constitutional right to human dignity.
However, in the opinion of Justice Melcer, we are not concerned here with an infringement of the core of freedom of expression, even where political speech is concerned, inasmuch as the infringement is relatively limited, and applies only to a call for a boycott against the State of Israel, as defined by the Law, or anyone who commits to participate in such a boycott, which is a legal act that exceeds speech.
Human Dignity and Liberty. As is well known, the Limitation Clause comprises four cumulative tests: The last condition comprises three subtests, which are: For the purpose of this examination, Justice Melcer also made recourse to comparative law. There is no dispute that the first condition is met.
In his opinion, a call for a boycott is a form of coercive expression, and therefore, it is entitled to less protection that that afforded to other types of political speech.
However, in the context of examining the fourth condition — proportionality — and in accordance with a narrow interpretive approach, Justice Melcer concluded that whereas secs. In this context, Justice Melcer referred to the chilling-effect doctrine, which addresses a deterrent effect that extends beyond the scope of expression intended by the legislature, and proposed limiting this chilling effect by means of narrow construction that would somewhat restrict the bounds of the tort under sec.
However, a potential causal connection would not suffice. Rather, there must be awareness of the reasonable possibility that the call and the circumstances of its publication would lead to the imposition of a boycott, and the right to bring suit must be reserved only to the direct victim of the tort.
By accepting this interpretive approach, sec. Pursuant to that, it was further held, inter alia, that a person seeking damages under sec. On the other hand, as far as sec. Thus, in accordance with this approach, even if a person calling for a boycott be found liable in tort, the damages that would be imposed upon him would not exceed the harm that he actually caused.
In regard to secs. He does not distinguish, in this regard, between a boycott against the state and a boycott against the Area. According to his approach, the constitutionality of secs.
In conclusion, Justice Melcer drew additional support for the proposed approach, inter alia: Naor, Deputy President E. Rubinstein, and Justice I.
Amit concurred in the opinion of Justice Melcer in separate opinions. Under his approach, that infringement does not meet the requirements of the Limitation Clause under sec.
In his view, the narrow interpretive approach proposed by Justice Melcer is insufficient.
This could be accomplished by establishing that sec. In other words, the Law should be interpreted as applying only to calls for a boycott of the State of Israel in its entirety, but not to calls to boycott the Area alone.
Hendel accepted the solution proposed by Justice Melcer as a legitimate interpretation of the Law. However, in his view, section 2 in its entirety — sec.Doctrine dissertation, thesis beer distributer - omnipotent weakness: transnational places,.
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