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Israel’s Supreme Court Rejects Orthodox Petition Against Member

January 10, 1964
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Israel’s Supreme Court today refused to issue an order to the Attorney General which would have made it mandatory that the latter prosecute a member of the Court, Justice Haim Cohn, for alleged “criminally offending” Jewish religious feelings.

The petition for the show cause order had been filed by Aryeh Waggenar, a prominent member of the Jewish Orthodox Community here. He alleged that, last summer, when Justice Cohn addressed an “America-Israel Dialogue” here, he referred to Israel’s personal status law–a law governing marriage and similar personal affairs–as “racist.”

In denying the petition, the court reaffirmed the principle that “freedom of speech must be preserved,” and held that “something said at a scholarly gathering is unacceptable as a basis for criminal charges.

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