On April 11, 2024, we petitioned the High Court of Justice, together with two anti-war demonstrators, demanding that the civilians be allowed to carry signs against the war in Gaza with slogans against the killing of civilians in Gaza, or those accusing the State of Israel, or elements within it or on its behalf, of committing war crimes or crimes against humanity in Gaza (including genocide), or any other similar wording.
The petition was filed after a long series of demonstrations and protest held across the country in recent months, in which the police systematically prevented demonstrators from waving signs and holding a protest. Harassment of demonstrators included violent snatching of signs by police, tearing them apart, confronting demonstrators holding signs or chanting slogans, dispersing the protest solely because of the messages the demonstrators carry or express, and even making arrests.
The petition argued that waving the signs does not constitute a criminal offense of supporting the enemy in time of war, identification with a terrorist organization, etc., and the fear that such messages will offend public sentiment is not enough to limit them. Therefore, the police do not have the authority to prohibit and confiscate their display. "Expressions that are difficult to digest, incisive and infuriating are also protected under the right to freedom of expression, and the police are required not only to prevent harm to them, but to protect them from those who may try to silence them," the petition states.
In its response to the petition, the police announced that "there are no guidelines within the police force that do not allow the carrying of signs with anti-war inscriptions or any other inscription accusing Israel of committing crimes as described in the petition [...] The responsible party on the ground is not instructed to limit the content of the protest, nor is it instructed to deal with or limit the content of the signs that are raised [...] The Israel Police is working to instill and refresh guidelines to the officers in the field."
Following the response, we contacted the State Attorney's Office and requested that the directive be explicitly anchored in police procedures and published, and that the police must not require demonstrators to show them signs in advance. We also sought to clarify who can be contacted in real time in such cases.
We discovered that despite the declarations before the court, the situation on the ground has not changed. At demonstrations in Tel Aviv and Haifa, police grabbed signs, destroyed them, shouted at and assaulted demonstrators, and also made arrests. We contacted the State Prosecutor's Office again and wrote that "there is no choice but to say with anger and pain: The statements given by the police commissioner to the court are not true. [... The police] do not respect freedom of expression and protest, and direct this prohibited activity against demonstrators whose views it considers cynical."
The State Prosecutor's Office's response dated June 19, 2024 stated that following the petition, the Legal Advisor of the Police issued a directive on May 28, 2024 regarding the raising of signs and flags at demonstrations. The directive emphasized that "in accordance with the provisions of the law, the Israel Police does not have guidelines prohibiting protesters from expressing one political position or another, whether by carrying signs or reading slogans." It was also reported that our claims regarding the continuation of the phenomenon are "at heart with the police", and that "the directives regarding the raising of signs at protests has once again been circulated to all forces."
Despite these developments, police misconduct persisted. Over approximately two months, we contacted the State Attorney's Office six times, providing evidence of 14 separate protest events in Haifa, Tel Aviv, Jerusalem, and Caesarea. In these instances, police continued to obstruct the carrying of signs and chanting of slogans, sabotage signs, attack demonstrators, and make violent arrests. Responses from the State Attorney's Office indicated that the police had revised their guidelines at least six times since the petition was filed, but these repeated adjustments have not resulted in meaningful change.
In our response submitted on August 13, 2024, we argued that the guidelines remain vague and require explicit clarification. We called for unambiguous guidelines that clearly permit demonstrations against the war, the carrying of signs and anti-war slogans, and the display of flags. We emphasized that signs should not be confiscated, and demonstrators should not be arrested for their signs or attire. Additionally, we requested that disciplinary measures be taken against police officers who violate these guidelines and that violence against demonstrators and unjust arrests be subject to criminal prosecution.
On August 25, 2024, the court delivered its ruling on the petition. The decision referenced the primary guidelines provided by the legal counsel to the police, which were established after the petition was filed and our legal correspondences with the State Prosecutor's Office. These guidelines make it clear that there is no prohibition on expressing political views, and the police do not have the authority to prevent the display of signs based on their content, even if they are provocative or critical. As a result, the petition was dismissed. The court noted that any complaints about police officers unlawfully seizing signs should be directed to the Police Internal Unit (PIU).
HCJ 3139/24 N.N. v. Police Commissioner
Attorney: Anne Suciu
Petition (Hebrew)
The petition was written with the assistance of Field and Freedom of Protest Coordinator Sivan Tahel