Caselaw

High Court of Justice 61683-12-25 The Movement for Quality Government in Israel v. The Government of Israel - part 41

August 20, 2026
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However, as I have clarified above, this is not the decision before us, and therefore I have no choice but to reiterate that the decision that is the subject of the petitions in this case, as it was actually made by the government on December 22,2025, is a decision in which the improper consideration was the dominant consideration, and therefore it is liable to be disqualified.

  1. Before Conclusion
  2. Before concluding, I would like to reiterate what is at the heart of my opinion.

Extract of the Extract of My opinion Here it is: The decision to close the Galei Tzahal station is a decision that was made with authority.  Moreover, if the decision to close the station were based solely on the considerations that the government has publicly declared - preserving the military's stateliness and detaching it from politics and current affairs, preventing a situation in which conscripts are required to cover and interpret controversial topics, budgetary and organizational considerations, and preventing a competitive distortion in the radio market, A balance would have been struck between these considerations and the implications of the move for freedom of expression and public broadcasting - There may not have been room for the intervention of this court.

In practice, however, and for the reasons I discussed above, I was convinced that The decision made to close Galei Tza"To Ina Such a decision.  The decision that is the subject of the petitions in this case was made, to a decisive extent, At its core, there is a completely different consideration: the improper consideration, which concerns the desire of decision makers to silence broadcast content that is not to their liking, and to close a broadcasting station No (at least, not mostly) Not because it is a military station that deals with current affairs, but because the content of the broadcasts is perceived by them as belonging to the political camp that is opposite to theirs.

In my view, it is not possible to agree to the fact that a person with authority Governmental will decide that because that he does not like the words of a broadcaster, the broadcaster must "turn off the microphone".  A government that acts in this way operates in a manifestly undemocratic manner, since the cornerstone on which any democratic regime rests is the recognition that the government is not allowed to use its power to silence those whose opinions are not to its liking.

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