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Israeli democracy may not survive a ‘reform’ of its Supreme Court

(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.

In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.

At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.

The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament. 

Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution. 

Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel. 

Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.

The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.

As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.

Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands. 

Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister. 

The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term. 

This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.

This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.

Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021

The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty. 

The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard. 

The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.

In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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Jewish groups defend European media monitors banned for what State Dept. calls ‘censorship’ 

Two major Jewish groups defended a digital hate-speech researcher who has been barred by President Donald Trump’s administration from entering the country.

Representatives for Jewish Federations of North America and the Jewish Council for Public Affairs responded after the U.S. State Department restricted the visas of five European digital speech activists. The banned activists include two who helped Jewish college students sue the social network X over the proliferation of antisemitic content on the platform, and another who has advised Jewish federations on social media hygiene. The government made the announcement late Tuesday.

Secretary of State Marco Rubio said he was taking these steps in order to combat “censorship.”

“For far too long, ideologues in Europe have led organized efforts to coerce American platforms to punish American viewpoints they oppose,” Rubio wrote on X. “The Trump Administration will no longer tolerate these egregious acts of extraterritorial censorship.”

But representatives for JFNA and the JCPA, two groups that have worked extensively with the British digital researcher Imran Ahmed, stood up for him in interviews with the Jewish Telegraphic Agency. Ahmed, the group leaders said, is an important ally in the fight against antisemitism.

“He is a valuable partner in providing accurate and detailed information on how the social media algorithms have created a bent toward antisemitism and anti-Zionism, and he will remain a valuable partner,” Dennis Bernard, head of government relations for JFNA, told JTA about Ahmed.

Ahmed’s research has helped inform the federation movement’s larger strategy to counter antisemitism on social media. Last month JFNA and Ahmed’s group, the Centre for Countering Digital Hate, jointly released a report detailing how Instagram’s algorithm promotes antisemitism.

Ahmed also presented his findings at JFNA’s recent General Assembly in Washington, as well as at a Jewish Funders Network convening, and has spoken at the Eradicate Hate Global Summit in Pittsburgh — which was founded in the aftermath of the 2018 Tree of Life shootings. Separately, he has researched the proliferation of antisemitic content across various social networks following the Oct. 7 Hamas attacks.

Bernard declined to comment on Rubio’s move to restrict Ahmed’s visa, but noted, “We will look into this.” Regarding Ahmed, Bernard said, “If there’s something there we don’t know about, of course we will terminate our relationship with him.”

JCPA CEO Amy Spitalnick also praised Ahmed’s work fighting antisemitism. She harshly criticized the State Department’s targeting of him.

“He’s dedicated his career to fighting online hate and extremism,” Spitalnick told JTA about Ahmed. She denounced his targeting as “all part of the broader weaponization of the federal government to go after perceived political enemies and advance an extremist agenda, which in this case is to push back against any regulation of tech.”

Ahmed and Spitalnick began working together in the aftermath of Spitalnick’s successful effort to prosecute the organizers of the “Unite the Right” march in Charlottesville, Virginia. They bonded over a shared interest in how online spaces were giving rise to hate activities like the rally. They have since partnered on a report about antisemitism on X. Shortly after Oct. 7, Ahmed appeared in a webinar with Spitalnick discussing how extremist groups were seizing on the attacks to spread antisemitism and anti-Muslim sentiments.

Ahmed wasn’t the only target on the State Department’s list with connections to Jewish groups.

In 2023 the European Union of Jewish Students, a group representing pro-Israel Jewish university students throughout Europe, sued X, then called Twitter, in German court over the proliferation of antisemitic content, including Holocaust denial, on the social network. Filing alongside them was HateAid, a German legal group that says it “advocates for human rights in the digital space.”

HateAid’s leaders, Josephine Ballon and Anna-Lena von Hodenberg, were also named on the State Department’s list of visa restrictions this week.

“Twitter has betrayed our trust. By allowing hateful content to spread, the company fails to protect users, and Jews in particular,” Avital Grinberg, then the head of the European Union of Jewish Students, said about her lawsuit at the time. “If Jews are forced out of the virtual space due to antisemitism and digital violence, Jewish life will become invisible in a place that is relevant to society.”

“Twitter owes us a communication platform where we can move freely and without fear of hatred and agitation,” Ballon, the head of HateAid’s legal team, said then.

A woman receives an award at a podium

Anna-Lena von Hodenberg, founder of HateAid, attends the ceremony for the presentation of the 2021 ifa Award for the Dialogue of Cultures, at Allianz Forum in Berlin, Sept, 14, 2021. (Adam Berry/Getty Images)

Reached for comment Wednesday, Grinberg said the Trump administration’s move against HateAid’s leaders was “dangerous for people like us.”

“For me personally, and I think for many young Jews who are exposed to antisemitism online, these organizations are crucial,” she said. “These are people who give us tools to respond to the hatred we experience online every day, across all the platforms.”

Today Grinberg is general manager of EU Watch, a watchdog group that critiques the European Union from a pro-Israel perspective.

The individuals were targeted as part of a larger battle on the right to fight what conservatives see as an effort by tech activists to silence conservative voices — an effort that is clashing with institutional Jewish groups’ longstanding push for tougher restrictions on tech platforms to limit the spread of antisemitism and Holocaust denial.

In a statement explaining the restrictions, the State Department said the five activists had run afoul of a visa law passed earlier this year aimed at “foreign nationals who censor Americans.”

On X, Rubio said the administration “will take steps to bar leading figures of the global censorship-industrial complex from entering the United States. We stand ready and willing to expand this list if others do not reverse course.”

The U.S. crackdown on tech activists comes as antisemitism and other kinds of hate content have proliferated on American tech platforms, whose leaders — including some Jews like Instagram and Facebook owner Mark Zuckerberg — have largely cultivated warm relationships with President Trump since he reassumed power.

Regulators in Europe, where laws around Holocaust denial and other forms of hate speech are stricter than in the U.S., have sought to impose a stronger hand on tech platforms that operate on the continent. European regulators have particularly expressed concern about X, where antisemitism and Holocaust denial have become a particularly acute problem.

X is run by billionaire Elon Musk, who is both the world’s richest man and a onetime key Trump ally who played a prominent role in the early months of his administration. Though Musk and Trump have since appeared to have a falling-out, Musk has continued to promote right-wing ideas and Republican causes on X, and has also endorsed European far-right parties. He has long flirted with antisemitic ideas on the platform himself, and has regularly feuded with the Anti-Defamation League.

Sarah Rogers, U.S. undersecretary of state for public diplomacy, gave a more extensive rundown of the reasons behind each visa restriction on X (itself reposted by Musk).

HateAid, Rogers claimed, “routinely demands access to propriety [sic] social media platform data to help it censor more.” Rogers also singled out a remark Ballon had given on a 60 Minutes episode that she said the government found objectionable: “Free speech needs boundaries.”

Ahmed, according to Rogers, was a “key collaborator with the Biden Administration’s effort to weaponize the government against U.S. citizens.” She particularly took offense with the Centre for Countering Digital Hate’s focus on anti-vaccine rhetoric, which had included calls to deplatform Robert F. Kennedy Jr., who, among other things, has spread conspiracy theories linking Jews to COVID-19.

Today Kennedy is Trump’s Secretary of Health and Human Services. He praised the news of the visa restrictions on X, writing, “Once again, the United States is the mecca for freedom of speech!”

Imran Ahmed at a conference

Imran Ahmed, CEO of the Centre for Countering Digital Hate, speaks at the Eradicate Hate summit in Pittsburgh, Pennsylvania, Oct. 5, 2023. On Dec. 23, 2025, the US State Department barred Ahmed and four other European digital anti-hate advocates from entering the country. (Screenshot via YouTube)

Rogers, the State Department undersecretary, also invoked a term closely associated with antisemitism — the blood libel — in her justification for why another European figure, Clare Melford, also fell under the new visa restrictions.

Melford runs the Global Disinformation Index, a British nonprofit that says it seeks to counter online disinformation but has been accused by conservative groups of bias. The group has in the past spoken out about misinformation “linking Jews to the origins of the COVID-19 pandemic.”

“If you question Canadian blood libels about residential schools, you’re engaging in ‘hate speech’ according to Melford and GDI,” Rogers wrote on X. She highlighted a description, purportedly from the group, referring to “digital denialism around residential schools.”

The passage highlighted by Rogers references Canada’s infamous residential school system, an effort to force cultural assimilation on the country’s Indigenous populations that resulted in the deaths of thousands of children and persisted for generations. Canada has issued formal apologies for residential schools, with a truth-and-reconciliation commission report concluding that they amounted to cultural genocide.

Conservative parties in Canada have questioned, downplayed or rejected accepted historical accounts of abuses under Canada’s residential school system.

The other European activist barred from the U.S. on Wednesday is Thierry Breton, a former European Union commissioner.

In a statement to JTA, HateAid blasted the decision to bar its leaders from the US as “an act of repression by a government that is increasingly disregarding the rule of law and trying to silence its critics by any means necessary.”

The group added, “We will not be intimidated by a government that uses accusations of censorship to silence those who stand up for human rights and freedom of expression. Despite the significant strain and restrictions placed on us and our families by US government measures, we will continue our work with all our strength — now more than ever.”

Grinberg, the Jewish former student who had sued X along with HateAid, wound up losing her case in German court. But the State Department’s latest moves against her allies, she said, may not amount to much in the end.

“It’s just a statement. Like, OK, two people cannot enter the US. It sucks for them. It sucks for democratic values and for the debating culture. But ultimately, I don’t see how Musk is particularly benefitting from that,” she said. “For me, it’s more a performative act.”

In early 2023, when they first sued Musk’s platform, “we thought antisemitism had never been as bad as it is now,” she said. “Now we see that it is even worse. But that’s why you need counterforces. You need people like them.”

This article originally appeared on JTA.org.

The post Jewish groups defend European media monitors banned for what State Dept. calls ‘censorship’  appeared first on The Forward.

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British police drop case against Bob Vylan for ‘Death to the IDF’ chant, sparking outrage from Jewish groups

British police ended an investigation into the British punk band Bob Vylan, months after the rap duo led thousands of Glastonbury music festival attendees in chants of “Death, death to the IDF.”

“We have concluded, after reviewing all the evidence, that it does not meet the criminal threshold outlined by the CPS for any person to be prosecuted,” wrote Avon and Somerset Police in a statement Tuesday. “No further action will be taken on the basis there is insufficient evidence for there to be a realistic prospect of conviction.”

Following the rap duo’s incendiary chant at Glastonbury, the pair were condemned Jewish leaders in the United Kingdom, and had their U.S. visas revoked by the State Department. In October, one of the band’s members, Bobby Vylan, doubled down on the anti-Israel chant in an interview with documentarian Louis Theroux.

“Simply because there is a high threshold for criminal conviction should in no way minimise the concerns raised by many sectors of society around the nature of the comments made,” the police statement continued.

In a post on X following the ruling, Bob Vylan argued that the criminal investigation into the chant “was never warranted in the first place.”

“We hope this news inspires others in the UK and around the world to speak up, in support of the Palestinian people, without fear,” the band wrote. “We have had our shows cancelled, visas revoked, our names tarnished and our lives upended, but what we have lost in peace and security we have gained tenfold in spirit and camaraderie.”

Bob Vylan’s chant at Glastonbury in June came months after the Irish rap group Kneecap kicked off a string of anti-Israel stunts by British musicians at the Coachella music festival in April. In September, terrorism charges against one of the band members, Liam O’Hanna, were also dropped.

The decision to drop the investigation into Bob Vylan was lambasted by Jewish groups in the United Kingdom, including the Community Security Trust, which cited the recent antisemitic terror attacks in Manchester, England and Sydney, Australia.

“It is deeply disappointing that vile calls for violence,  repeated openly and without remorse, continue to fall on deaf ears,” the Community Security Trust told The Guardian. “Especially in the wake of the terror attacks in Manchester and Bondi, when will such calls finally be recognised for what they are: a real and dangerous instigator of bloodshed?”

Last week, police in London and Manchester announced that they would begin to arrest pro-Palestinian protesters who chant the slogan “globalize the intifada,” citing the Sydney attack on a Hanukkah event that killed 15.

“It is incredibly disappointing that the police and CPS have decided not to charge in this case, particularly when police forces in London and Manchester are adopting a stronger approach to tackling hateful rhetoric,” wrote the Embassy of Israel in London in a post on X. “It sends completely the wrong message at the worst possible time.”

This article originally appeared on JTA.org.

The post British police drop case against Bob Vylan for ‘Death to the IDF’ chant, sparking outrage from Jewish groups appeared first on The Forward.

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A French Court Acquitted a Nanny Who Poisoned a Jewish Family of Antisemitism. Now Prosecutors Are Appealing.

Procession arrives at Place des Terreaux with a banner reading, “Against Antisemitism, for the Republic,” during the march against antisemitism, in Lyon, France, June 25, 2024. Photo: Romain Costaseca / Hans Lucas via Reuters Connect

Prosecutors in France have appealed a court ruling that convicted a nanny of poisoning the food of the Jewish family for whom she worked but cleared her of antisemitism charges, in the latest flashpoint as French authorities grapple with an ongoing nationwide surge in antisemitism.

On Tuesday, the public prosecutor’s office in Nanterre, just west of Paris, announced it had appealed a criminal court ruling that acquitted the family’s nanny of antisemitism-aggravated charges after she poisoned their food and drinks.

Last week, the 42-year-old Algerian woman was sentenced to two and a half years in prison for “administering a harmful substance that caused incapacitation for more than eight days.”

Residing illegally in France, the nanny had worked as a live-in caregiver for the family and their three children — aged two, five, and seven — since November 2023.

The French court declined to uphold any antisemitism charges against the defendant, noting that her incriminating statements were made several weeks after the incident and recorded by a police officer without a lawyer present

The family’s lawyers described the ruling as “incomprehensible,” insisting that “justice has not been served.”

The nanny, who has been living in France in violation of a deportation order issued in February 2024, was also convicted of using a forged document — a Belgian national identity card — and barred from entering France for five years.

First reported by Le Parisien, the shocking incident occurred in January last year, just two months after the caregiver was hired, when the mother discovered cleaning products in the wine she drank and suffered severe eye pain from using makeup remover contaminated with a toxic substance, prompting her to call the police.

After a series of forensic tests, investigators detected polyethylene glycol — a chemical commonly used in industrial and pharmaceutical products — along with other toxic substances in the food consumed by the family and their three children. 

According to court documents, these chemicals were described as “harmful, even corrosive, and capable of causing serious injuries to the digestive tract.”

Even though the nanny initially denied the charges against her, she later confessed to police that she had poured a soapy lotion into the family’s food as a warning because “they were disrespecting her.”

“They have money and power, so I should never have worked for a Jewish woman — it only brought me trouble,” the nanny told the police. “I knew I could hurt them, but not enough to kill them.”

According to her lawyer, the nanny later withdrew her confession, arguing that jealousy and a perceived financial grievance were the main factors behind the attack.

At trial, the defendant described her statements as “hateful” but denied that her actions were driven by racism or antisemitism.

The appeal comes as France continues to face a steep rise in antisemitic incidents in the wake of the Palestinian terrorist group Hamas’s Oct. 7, 2023, invasion of and massacre across southern Israel.

In a disturbing new case, French authorities have also opened an investigation after a social media video went viral showing a man harassing a young Jewish child at a Paris airport, shouting “free Palestine” and calling him a “pig.”

Widely circulated online, the video shows a young boy playing a video game at Paris’s Charles de Gaulle Airport when a man approaches, grabs his toy, and begins verbally assaulting him.

“Are you gonna free Palestine, bro?” the man, who remains off-camera, yells at the boy. 

“If you don’t free them, I’ll snatch your hat off, bro,” the assailant continues, referring to the child’s kippah.

The man is also heard repeatedly telling the child, “Dance, pig,” while the confused and frightened boy is seen trying to comply

Local police confirmed that an investigation has been launched into the incident, classified as violence based on race, ethnicity, nationality, or religion, as authorities work to identify the individual and bring him to justice.

Paris police chief Patrice Faure expressed his “outrage at these unacceptable and intolerable remarks,” promising that the incident “will not go unpunished.”

Yonathan Arfi, president of the Representative Council of Jewish Institutions of France (CRIF) — the main representative body of French Jews — condemned the incident, calling it “yet another illustration of the climate of antisemitism that has prevailed in Europe” since the Hamas-led atrocities of Oct. 7, 2023.

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