Civil Appeal Authority 1954/24 Netanel Vaknin v. Kibbutz Nir David – Cooperative Society - part 7

Justice A.  Stein:

I agree.

Acting President, Y.  Amit:

Unfortunately, I cannot join the recommendation made by my colleague, the judge v.  Solberg.

1. I will preface by saying that I do not believe that the lawsuit that is the subject of our hearing justifies an extensive hearing of the phenomenon of silencing suits, for the reason that on the face of it in this case we are not dealing with such a claim, and it is not for nothing that the trial courts rejected the motion to dismiss the suit in limine.

The publications that are the subject of the lawsuit include statements along the lines of "They have no right to exist in Jewish society"; "They are something like Neanderthal zombies"; "Dogs son of dogs"; "Only to me do they remind me of the Nazis? [...] The Aryan race versus the Jew"; "Thieves, thieves, thugs"; "When will everyone learn that everything is achieved only through violence and blood?".  The publications include accusations that the kibbutz is polluting Nahal Harod and groundwater, as well as selling poisoned and carcinogenic fish and fish carcasses; The publications include a call for a consumer boycott of the kibbutz's industry and a call not to allow kibbutz members to enter the towns; The publications include a call to organize in shifts in order to block every gate on the kibbutz throughout the day.  We have brought only a small fraction of the many publications as detailed in the statement of claim, from which emerges a discourse picture of burning hatred and harsh expressions.  In addition, the applicant is also charged with a series of actions, such as playing deafening music on the kibbutz; climbing the kibbutz's fences and causing damage to the fences and gates; unauthorized entry into the kibbutz with others and making jokes and mockery near a monument erected in memory of a member of the kibbutz, a pilot who fell in the line of duty; obstruction and obstruction of vehicular traffic at the kibbutz gate and within its territory; Payment of money to minors in order for them to enter the kibbutz and carry out acts of harassment, and more.