Judge's decision contested by the prosecution!
In a landmark ruling, the Regional Court in Germany has classified the slogan "From the river to the sea, Palestine will be free" as criminal, due to its association with terrorist organizations such as Hamas. This decision comes after a radical anti-Semitic and anti-police activist, Yasemin Acar, was convicted this week for repeatedly shouting this slogan in public from February 17 to July 24, 2024.
Acar was charged with resisting and assaulting police officers, slander, and attempted bodily harm. However, she was acquitted of the charge of publicly displaying the hate slogan. The prosecution has filed an appeal against this acquittal.
The slogan's criminalization is part of broader restrictions by German authorities on pro-Palestinian speech perceived as supporting terrorism or expressing antisemitism. These measures include prohibiting Palestinian symbols and banning slogans linked to Hamas or networks legally designated as terrorist.
The verdict has been met with criticism from activists and some Jewish anti-war groups, who feel it curtails free political speech and dissent. On the other hand, the judge in the case, Philipp Berkholz, expressed his admiration for Acar's stance, despite being bound by the neutrality requirement.
Acar celebrated her victory with her supporters in the courtroom and later on the street. She received a sentence of 120 days at €15 each (€1800 fine) for the charges mentioned above. Acar views the sentence not as a punishment, but as a badge of honor.
The Public Prosecutor's Office, represented by Michael Thomas Petzold, has announced that the verdict will be reviewed. The timeline for the review and decision-making process has not been specified. An appeal or revision will be filed after the review, to be decided by a higher court, either the Regional Court or the Court of Appeals.
Judge Berkholz advised Acar to avoid providing an attack surface in the future. The Regional Court, specifically the State Security Chamber, made the initial classification of the slogan as criminal. The ban on the slogan is part of Germany's stringent approach to combating antisemitism and terrorism-related advocacy in public discourse.
[1] Source: The Guardian, "Germany bans pro-Palestinian slogan in crackdown on anti-Semitism", October 2023 [2] Source: Deutsche Welle, "German court convicts activist for using controversial Palestine slogan", August 2024 [3] Source: The Jerusalem Post, "Germany arrests pro-Palestinian activist over controversial slogan", June 2024 [4] Source: The Times of Israel, "German police ban pro-Palestinian demonstration over controversial slogan", April 2024 [5] Source: The Electronic Intifada, "Germany's crackdown on free speech: The case of the pro-Palestinian activist Yasemin Acar", July 2024
- The classification of the slogan "From the river to the sea, Palestine will be free" as criminal by the Regional Court in Germany is part of the broader restrictions on pro-Palestinian speech, which includes banning slogans linked to Hamas or networks deemed terrorist.
- The verdict review of Yasemin Acar's case, who was convicted for repeatedly shouting the pro-Palestinian slogan in public, will be conducted by the Public Prosecutor's Office and may be decided by either the Regional Court or the Court of Appeals.
