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High Court of Justice 61683-12-25 The Movement for Quality Government in Israel v. The Government of Israel - part 20

August 20, 2026
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In this regard, I will note that in a long series of rulings, this Court has ruled, even many years ago and in various and varied contexts, that in the absence of explicit authority stating otherwise, when an authority performs an action that is likely to affect freedom of expression, it is not entitled to take into account the content of the expression.  Thus, for example, nearly fifty years ago, this court ruled, in the context of demonstrations, that: "It is not appropriate for a certain procession to receive the police force necessary for its existence, while an anonymous procession should not receive it, only in light of the ideological difference in the content of the demonstration.  The police are not in charge of ideology.  It must allocate its forces according to needs and not according to opinions" (High Court of Justice 148/79 Sa'ar v.  Minister of the Interior and Police, IsrSC 34(2) 169,179 (1979); See also: High Court of Justice 153/83 Levy v.  Commander of the Southern District of the Israel Police, IsrSC 38(2) 393,412 (1984); High Court of Justice 6536/17 The Movement for Quality Government in Israel v.  Israel Police, paragraph 20 of the judge's opinion A.  Fogelman [Nevo] (8.10.2017)).

In addition, in the context of the distribution of subsidies on behalf of the state, the consistent rulings of this court have held that although no one has a vested right to receive support from the state, once the state has decided to provide support in a given area, it must base the distribution of funds on relevant considerations, including refraining from discrimination between beneficiaries on the basis of their political or ideological position (see, for example: High Court of Justice 1/98 Cabel v.  Prime Minister of Israel, IsrSC 35(2) 241,261 (1999); Interest The Open House, at p.  36; High Court of Justice 7647/16 The Association for Civil Rights in Israel v.  Minister of Culture and Sport, paragraphs 76-79 of the Deputy President's judgment H.  Melcer [Nevo] (May 13,2020) (hereinafter: The Association for Civil Rights in Israel); For more on this issue, see: Uri Aharonson, Hila Shamir and Guy Prieber, "What is the difference between freedom of expression To "freedom of funding"? on conditional transfer payments and on freedom of political expression in the welfare state" Law 109 (2026)).

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