Court of law - Blanket ban on pro-Palestine slogan unlawful
The Bavarian Administrative Court has deemed a blanket prohibition of the slogan "From the river to the sea" ("From the river to the sea" = "Vom Fluss bis zum Meer") used at Palestinian demonstrations as unlawful in a specific case. This decision was made in response to a complaint from a woman who had registered a small demonstration in Munich for the coming Monday (1st July) and had also distributed posters bearing this slogan. The city issued several restrictions for the assembly, including a ban on using this slogan because it raised the initial suspicion of a criminal offense. The woman opposed this, but initially failed at the Administrative Court, but now, finally, has been given justice by the Administrative Court of Appeals.
The court ruled in an expedited proceeding that the prohibition of the slogan in this specific case was likely to be unlawful. The court stated on Friday that whether the use of this slogan constituted a criminal offense depended on the circumstances of the case and, in particular, whether a recognizable link to the terrorist organization Hamas or other banned associations existed. The city had not provided concrete evidence of such a link in its "risk assessment."
The court did not issue a blank check to the woman or other demonstration participants to use the slogan and go scot-free, as the court's decision states. "The applicant and the participants in the assembly must take care of themselves to act in a non-criminal manner. The law enforcement authorities are not deprived of the ability to pursue criminally relevant conduct in individual cases," the court's decision reads.
A blanket ban on the slogan through assembly restrictions would only be proportionate, according to the court's decision, if a risk assessment by the assembly authorities met constitutional requirements, indicating that the formulation is used in a criminal manner. The Munich risk assessment did not meet these requirements. The city did not provide concrete evidence that demonstration participants would use the slogan with a specific reference to Hamas or other banned organizations. Merely a suspicion is not enough.
The slogan "From the river to the sea" dates back to the 1960s and was already used back then by the Palestinian Liberation Organization (PLO). It is meant to express the desire for the complete liberation of Palestine, from the Jordan River to the Mediterranean Sea - that is, on Israeli territory as well.
- The woman, dissatisfied with the Administrative Court's initial ruling, sought justice at the Bavarian Administrative Court of Appeals.
- The Administrative Court of Appeals overturned the Administrative Court's decision, finding the blanket prohibition of the "From the river to the sea" slogan at Palestinian demonstrations in the specific case to be unlawful.
- The conflicts surrounding this particular case revolve around the potential criminal liability associated with using the "From the river to the sea" slogan in demonstrations in Munich.
- The Bavarian Administrative Court's ruling suggests that a warranted criminal offense has yet to be proven in relation to the use of this slogan in the given context.
- The woman's fight for justice in Munich highlights the delicate balance between individual freedoms and potential threats to public order and security.
- The Administrative Court's decision serves as a reminder of the role of the justice system in upholding the rights and protecting individuals within the context of societal conflicts, even during times of war or political discord in Bavaria.
