Let’s start with the obvious:
Freedom of expression is meant to allow everyone to express their opinion without fear and apprehension of the government.
A democratic state should and can tolerate different opinions, even the most extreme and outrageous.
As long as there is no incitement to violence, freedom of expression suffers everything.
In times when everyone lives online and every statement is tattooed forever in the virtual epidermis, there is no person who has not sinned in a stupid or insensitive enough statement, but only people who have said nothing in their lives, scared or blank.
Churchill said: "Everyone supports freedom of expression. Hardly a day goes by without someone cherishing freedom of expression. Just what, for some people, the idea is theirs has the freedom to say what they want, but when someone answers them - it's a scandal."
I think the great leader's words are twice as true for our very-not-great-prime minister, Naftali Bennett.
That Bennett, who as a Cabinet minister claimed three years ago that fighters are more afraid of JAG than Sinwar. Bennett, speech to the Knesset on the origins, worthy of an Oscar and a Nobel together, cried out charred "My people dead", and now the government buries thousands dead.
Just a week ago And a half, Bennett and his wretched trumpets accused the "babysitters" of incitement and dancing on the blood, after the fall of Bar-El Hadaria Shmueli the 14th. Annoying, disgusting, but permissible, because freedom of political expression is a fundamental right in a democratic society. As stated by the President of the Supreme Court, Meir Shamgar: "Political rights are among the most crucial and important fundamental freedoms."
The right is tested on a person's ability to voice harsh criticism or an ugly outburst, rather than Arab caresses to Mann Dahua's ear. However, when Bennett leaked to Yedioth Ahronoth that he had decided to remove Prof. Talia Einhorn from the senior appointments committee because she shared several posts on social media attacking his government - then we left the comfort zone of fraud, hypocrisy and double standards, and we reached dangerous revenge, which is the slope The slick that ends in mouth clogging. The essence of the Advisory Committee for the Appointment of Senior Civil Servants is to examine the purity (only) of the candidate for one of seven senior positions: Chief of Staff, Commissioner, Commissioner of Prisons, Mossad chief, Shin Bet chief, Bank of Israel governor and Deputy Governor of the Bank of Israel The question of suitability in any other respect is examined by the appointing authority, the Prime Minister or the Minister, as the case may be.
Four members of the committee:
Supreme Court Justice (retired) Eliezer Goldberg, Civil Service Commissioner Prof. Daniel Hershkovitz, and public representatives Moshe Terry and Talia Einhorn. The independence of the committee and its gatekeepers.The membership of the committee is voluntary.
There must be no closeness between the representatives of the public, the members of the committee, and the appointing body. Indeed, following a petition to HCJ 184/18, an interim order and a conditional order were issued against the appointments of Brigadier General (Res.) Yaakov Nagel and Iris Stark, due to allegations regarding their affiliation with former Prime Minister Benjamin Netanyahu (later they resigned, ).
the committee works in a professional manner on the basis of evidence. decision that does not have a recommendation for the candidate must be reasoned and fact-based. Prof. Einhorn, although appointed by the previous government, wrote in one case reviews with no recommendation. no one thinks that certain member In a committee that supports the government, he will make his work easier, or vice versa, since he does not support the government, he will try to thwart the appointment.In practice, due to the nature of the work, this is also impossible.
The attempt to replace a committee member due to her political views severely undermines public trust. If only those who support the prime minister and the government can serve on the committee, the public will wonder, and rightly so, whether the committee members will be afraid to exercise the critical discretion required of them. This is especially true of the appointment of the head of the GSS by the Prime Minister himself, who, if so, is affected by a sharp conflict of interest.
Ask why Pennett Environment Bennett distributed the dismissal notice even before it was transferred to Einhorn? Perhaps because Bennett and his entourage seek to intimidate government critics. Conducting a hearing in favor of dismissal of a public representative on a public committee, against the background of political statements in private accounts, infringes on political freedom of expression and de facto and de jure produces a chilling effect on public representatives to hear and regulate them and silence legitimate political criticism of government, ministers, ministers and advisers.
As usual in Israel, a double standard also stars here.
The public representatives on the committee are not civil servants, and therefore the provisions of the Takshir do not apply to them, in contrast to, for example, the State employee, Deputy Attorney General Dina Zilber, to whom the Takshir applies and prohibits her from criticizing the executive. Former Netanyahu, and even after being reprimanded for it did not stop, and even called Netanyahu a "pike leader."
And here we come to Mandelblit.
Attorney General who disappeared and disappeared.
The secretary of state, Shalom Shlomo, wrote to Einhorn that in view of the special circumstances of the case, the hearing was held in the opinion of the ombudsman. , A very important fundamental right in a democracy, the ombudsman does not consider it necessary to guide the government regarding its legal authority to act, given the constitutional implications that must be ousted.
In Israel, unfortunately, freedom of expression, hypocrisy and double standards are a regular occurrence.
The Knights of Freedom of Expression in the Media are silent on the attack on Prof. Einhorn.
This time there is no "End of Democracy" festival at the Sokolov House, with a worried opening speech by Ilana Dayan.
There is also no petition from the Movement for the Quality of Government, you will not see them this time bleeding enough on a virtual cross in a mess of narcissism and ego.
not surprising.
I'm biased because I admire Prof. Einhorn.
And not because she is a permanent member (Titular Member) of the International Academy of Comparative Law, the American Association for International Law, the German Association for International Law and the Scientific Advisory Board of the Interdisciplinary Private-Comparative and International-Private Law Association.
I adore her because she is an honest, witty, smart and mostly brave and determined woman.
Einhorn a warrior standing on her own.
She will not give up without a fight.
We will meet in the High Court.
