German Court Rules on Controversial Protest Slogan
A German court made headlines on Tuesday by imposing a fine of 600 euros (approximately $650) on a protester for chanting the contentious slogan “From the river to the sea, Palestine will be free” during a rally in Berlin last October. This ruling comes in the wake of the Hamas-led terrorist attacks on Israel and reflects the complex legal landscape surrounding freedom of expression in Germany, particularly in relation to the Israeli-Palestinian conflict.
The court’s decision was seen as a pivotal test of newly established laws that deem the slogan as a potential incitement to violence and a denial of Israel’s right to exist. The phrase, which has been interpreted in vastly different ways, was subsequently banned in Germany, with authorities viewing it as a call for the elimination of the state of Israel.
Judge Birgit Balzer, presiding over the case at the Tiergarten district court in Berlin, stated that the protester’s chant, made just days after the October 7 attacks, “could only be understood as a denial of Israel’s right to exist and an endorsement of the attack.” This perspective highlights the ongoing struggle within Germany to balance free speech with its historical commitment to supporting Israel, a principle embedded in the nation’s identity since the Holocaust, referred to as Staatsräson, or “state reason.”
The protester, identified as Ava Moayeri, is a 22-year-old of Iranian descent. Initially facing a potential maximum sentence of three years in prison, she expressed her discontent through her legal representation. In an interview following the court’s decision, her lawyer, Alexander Gorski, voiced strong opposition to the ruling, stating, “This is a rather dark day for freedom of expression in Germany.” He further contested the judge’s interpretation of the slogan, asserting that such expressions should not trigger criminal investigations.
“If some individuals find the phrase objectionable, they should counter it with their own ideas — that is how a liberal democracy should function,” Mr. Gorski argued. He condemned the German state’s approach to the pro-Palestinian movement, suggesting it is marked by increasing repression. Moayeri’s legal team has indicated plans to appeal the decision, setting the stage for potentially further legal battles over this contentious issue.
