"Activist Conviction for 'From the River to the Sea' Riverbank Rally Call": Berlin court imposes sentence on demonstrator for chanting slogan during waterfront protest
In a landmark decision, the Tiergarten District Court in Berlin has convicted a 22-year-old activist for using the slogan "From the river to the sea - Palestine will be free" during a protest. This marks the first time a court in Berlin has imposed a criminal charge for using this controversial phrase.
The protest in question took place on October 11, 2023, in Neukołłn. The focus of the protest was a video of a teacher physically striking a student after they waved a Palestinian flag. The court's decision to impose a fine was influenced by the context in which the phrase was used, specifically its proximity to the events of October 7.
The slogan "From the river to the sea" has been under legal scrutiny in Germany for some time. While courts have acquitted individuals accused of using it, authorities continue to police its public use and engage in prosecutions or investigations.
The presiding judge in this case emphasized that the decision to impose a fine was based on the belief that the phrase "From the river to the sea - Palestine will be free" denied Israel's right to exist and approved of the massacre. However, the defendant, a member of the women's organization "Zora", believed the slogan stood for "freedom, equality, and justice".
The court's decision marks a departure from previous rulings in Mannheim and Munich regarding the phrase "From the river to the sea". Germany's Federal Ministry of the Interior, Nancy Faeser (SPD), attributed the slogan to Hamas and considered its use as employing the symbol of a terrorist organization.
The verdict in this Berlin case is not yet final, and the defence is expected to appeal. The situation remains dynamic, with ongoing legal and political debates about how to balance free speech rights with concerns over hate speech and incitement related to this slogan.
While the phrase is highly controversial and sometimes leads to legal scrutiny or police action in Germany, it is not uniformly or definitively banned, and courts have sometimes upheld its use under freedom of expression. The German state's stance reflects a complex interplay between defending free speech and preventing expressions interpreted as incitement or support for violence, especially given Germany’s specific historical and legal context regarding antisemitism and terrorism.
It's important to note that other countries, such as the Netherlands and Austria, have taken more direct steps toward criminalizing or banning the phrase in some contexts. However, Germany’s approach is more contested and less settled, with significant debate within Germany’s legal and political system about the slogan. A group of lawyers publicly criticized the criminalization attempts and called for ending prosecutions related to the slogan, emphasizing freedom of expression protections guaranteed by the German Basic Law (Grundgesetz).
This case underscores the ongoing debate and complexity surrounding the phrase "From the river to the sea" in Germany. As the situation evolves, it will be interesting to see how the courts and authorities navigate this delicate balance between free speech and potential incitement.
- The high-profile Berlin case involving the 22-year-old activist, who was fined for using the controversial phrase "From the river to the sea - Palestine will be free" during a protest, has sparked general-news discussions about balancing free speech rights with concerns over hate speech and incitement in politics.
- The prosecution of the activist, which stems from a protest in Neukölln over a controversial video of a teacher physically striking a student for waving a Palestinian flag, has placed the phrase "From the river to the sea" under renewed scrutiny in Germany's political and legal landscape.
