The High Court of Justice ruled unanimously today (Thursday) that the petitions against the government's decision to close the military station Galei Tzahal should be accepted.
The panel that heard the case included judges Dafna Barak-Erez, Alex Stein, and Yechiel Kasher.
The judges ruled that the government's decision should be annulled "on the grounds that the decision was made based on an extraneous and invalid consideration: dissatisfaction of the decision-makers that the broadcasts, in their opinion, contradicted their positions. The court was convinced, factually, that this was the case, and added that the government did not act, after a conditional order was issued, to prove otherwise. The court held that the government was authorized to make a decision on the matter and rejected the claim that closing Galts required primary legislation.".
The judges note that they have no objection to closing Galei Tzahal - but such a decision must be made in an orderly process. "All the judges, each for his own reasons, made it clear that they do not rule out the possibility of closing Galei Tzahal in its entirety, if the decision in the matter were made lawfully and for substantive considerations, and they do not even take a position regarding the content of the broadcasts.".
Judge Kasher wrote in the decision: "It is unacceptable for a person with governmental authority to decide that because he does not like what a broadcaster says, the broadcaster's microphone should be 'turned off.'".
""A government that acts in this way acts in a clearly undemocratic manner, since the cornerstone on which every democratic government rests is the recognition that the government is not permitted to use its power to silence those whose opinions it does not like.".
Judge Stein rejected the petitioners' claim that closing the radio station in itself violates freedom of expression. According to him, freedom of expression does not impose an obligation on the state to operate a radio station to allow opinions to be expressed, and on the contrary, news and current affairs broadcasts on behalf of the state may themselves distort public discourse.
He referred to the sight of a uniformed IDF soldier interviewing a politician and wrote that this was a "regime distortion," since the IDF, "everyone's army," should have no role in political discourse, "not even the role of an interviewer and broadcaster.".
Defense Minister Israel Katz responded: "I completely disagree with the High Court's decision to invalidate the government's decision to close Galei Tzahal, on the pretext that 'the decision was made based on foreign and invalid discretion,' and that the High Court placed its discretion above that of the elected government ministers - who unanimously believed that there was no place for a civilian radio station with political content within the IDF.".
""Since the High Court of Justice ruled that the government was authorized to make the decision and rejected the claim that closing the GLA required primary legislation - when we win the elections with God's help and regain the public's trust - we will complete the handling of the issue.".
National Security Minister Itamar Ben-Gvir responded: "The Supreme Court is carrying out a coup against democracy and is stripping a democratically elected government of its legal powers. If the judges on Givat Ram in Jerusalem want to decide instead of the government, they should honor themselves and form a party and run for election to the Knesset. The judges are acting with endless arrogance, and are invalidating the decisions of the elected government with a lack of authority.".
""Otzma Yehudit's condition for joining the next government is the passage of full legal reform: establishing a constitutional court and sending the criminal defense attorney home immediately," said Ben Gvir.
Communications Minister Shlomo Kari responded: "The High Court of Justice is reaching the limits of the government and the Knesset. The answer should be sharp and clear: No. No one of you is superior to the people and their elected officials. The government should instruct the Minister of Defense to implement its decision immediately. And if anything, it is also unclear why the Knesset Speaker did not respond to the demand of 25 MKs to bring up for discussion the decision that determines that Knesset laws are binding and exist despite the High Court.".
""If the government and the Knesset do not stand firm to protect their honor and the honor of this people in the face of legal bullying, what can we do but complain about the people who are fed up with the democratic show at the ballot box? But we are to blame... it is in our hands.".
