Israeli Activist and Artist Sentences To Home Confinement and Banned From Internet After Posting Videos Defecating On Israeli Flag

141500528197676391a_bIsrael has arrested and then given two days of house arrest for a rather bizarre form of expression: defecating on flags, including Israel’s flag. I cannot say that I am eager to attend a showing of the Natali Cohen Vaxberg’s scatological creations, but the sentencing clearly violates free speech protections that many of us believe are a core human right. Warning: foul language is contained in the story below.

In the United States, the destruction of the flag is a protected form of free speech. In Texas v. Johnson, 491 U.S. 397 (1989), the Supreme Court voted 5-4 that flag burning was protected speech under the First Amendment to the United States Constitution. It is considered one of the core cases defining free speech in the United States. Brennan was joined by Marshall, Blackmun, Scalia, and Kennedy (Kennedy wrote a concurrence).

Cohen Vaxberg posted a video showing her defecating on an Israeli flag while she played Israel’s national anthem. In another video entitled “Shit Instead of Blood,” Cohen Vaxberg is pictured defecating on flags from around the world, including that of the Palestinian Authority. Cohen Vaxberg is described as a left-wing activist and artist.

It is a truly disgusting form of expression. However, the anger that it produced reinforces the view that this is not only a form of artistic expression but political expression. The Israeli court not only sentenced her to home confinement but banned her from using the Internet for 30 days. The Tel Aviv police insisted that her videos causes “damage to symbols of the state.”

It is always hard to criticize such punishments (even short sentences) in the face of such obnoxious and truly disgusting forms of expression. However, free speech is not needed to protect popular speech. We pay a price for the guarantee of free speech. That price is people like Cohen Vaxberg. By maintaing a bright line rule, we protect much more valuable forms of speech and avoid the dangers of allowing the government to draw lines between valuable and valueless speech. The slippery slope problem (a troubling image given this case I admit) has proven a real and consistent threat to free speech. We gain far more than we lose in protecting the very small number of flag burners or desecrators in this country.

149 thoughts on “Israeli Activist and Artist Sentences To Home Confinement and Banned From Internet After Posting Videos Defecating On Israeli Flag”

  1. By the way, you don’t lose the Senate if you have 40 votes and hold the Presidency. What you gave away is leverage not control. The Repubs have no agenda and no ideas. It’s more of the same just with a fresh coat of paint on the gridlock.

  2. Annie:

    That’s exactly why this abortion issue is such a red herring. It’s all religion-based and proof that Repubs really are the American equivalent of fundie groups like the Taliban. When your own national chairman says he’s here to do Gods will and you oppose promising research on t-cells for purely religious reasons how can you distinguish that mindless adherence to dogma from that of the Taliban who throw acid in the face of girls to prevent them from learning to read. It’s a difference of degree not substance.

  3. Martha Coakley just lost AGAIN, this time for governor of Massachusetts. OUCH!

  4. A lot of the anger and smugness we’ve experienced here from a few folks was in anticipation of this dark day. Hopefully, they proceed through the different stages of grief and come out of their depression, and depression’s ugly cousin, anger.

  5. This is not only national losses. Christie has done a superb job getting big wins for governors across the nation.

  6. The Republicans didn’t win, the Dems, and their agenda and incompetence lost. I always hope people finally wake up and reject the duopoly. Kay Hagan just got beat in NC. I predicted to SWM last Spring a bloodbath. She sneered.

    Again, this is a Dem loss, not a Republican victory. As Ralph Nader says, “When you vote for the lesser of two evils, you’re still voting for evil.”

    1. @ Nick Spinelli I agree – a vote to the State in this case is the lesser of two evils.

  7. Is tonight’s takeaway that Republicans do great when voter turnout drops below 38%?
    — @davidfrum

  8. Good, now let’s see the right wing agenda in all it’s glory. It will be very interesting to say the least.

  9. Joni Ernst just won, and the Dems just lost the Senate. Now, the question is how badly.

  10. Mespo, more pregnancies are spontaneously aborted unbeknownst to the woman, even before she’s aware she’s pregnant, than pregnancies that survive the nine months. There is no embryo visable amid the blood and tissue expelled, usually into the toilet.

    1. @Annie and your comment on spontaneous abortions in the toilet-I wonder how many of these abortions were prevented when Paraguard and Mirena were taken off the market as no one know how they prevented pregnancies and so many pierced the womb and were ectopic-.-Don’t bother with statistics. I don’t believe them. My Mother and I lived through them. Remember, So, whenever you are insensitive enough to bring this up, I am bringing up the birth control you all laugh about. You guys are pushing it tonight anyway with civility

  11. I was in Metropolis, Illinois yesterday and today. Superman is big there. Anyway, I was eating breakfast this morning and a local told me Quinn would lose. I just nodded and said to myself “no way.” Few realize, but Illinois Dem’s who win statewide only win Cook and Lake County and lose all other counties. Few also realize, but southern Illinoisans speak w/ a southern accent. Northern and southern Illinois are two different worlds.

  12. Pat Quinn just got beat. OUCH! This is Obama’s home state and Quinn had had Obama by his side. OUCH!

  13. If we’re going to punish abortionists, we’d better start with the biggest of them all. Most abortions are spontaneous ones which places them squarely at the doorstep of the Creator of the Universe.

    1. mespo – heres some stuff to support your Bibical rant – Hosea: Progeny of the Rebellious Shall Not be Born

      In the book of Hosea, we have the prophet relaying a message from God, saying what will happen to the Israelites who had rebelled as punishment for their transgressions. In Hosea 9:14, we are told God will cause the deaths of the unborn, as he will “give them a miscarrying womb and dry breasts.” In Hosea 13:16 it is proclaimed:

      “Samaria shall become desolate; for she hath rebelled against her God: they shall fall by the sword: their infants shall be dashed in pieces, and their women with child shall be ripped up.”

      In Isaiah 7:20 and 10:5, it is stated that the Assyrians will be used by God as the means of implementing these punishments. In 2 Kings it describes how they fulfilled this role:

      8:12 And Hazael (future king of Syria) said, Why weepeth my lord? And he (Elisha) answered, Because I know the evil that thou wilt do unto the children of Israel: their strong holds wilt thou set on fire, and their young men wilt thou slay with the sword, and wilt dash their children, and rip up their women with child.

      15:16 (Then Menahem smote Tiphsah, and all that were therein, and the coasts thereof from Tirzah: because they opened not to him, therefore he smote it; and all the women therein that were with child he ripped up.
      http://rhrealitycheck.org/article/2012/06/03/biblical-abortion-christians-view-1/

  14. Looks like the robot Warner will win by the skin of his chin in Virginia. He was supposed to win by 10%. But, a win is a win. They don’t ask how, just how man.

  15. Products of early miscarriages are often flushed down the toilet. Biology and reality isn’t someone’s strong suit.

  16. SWM, As you know, that would be a huge mistake. Peter Principle says governor is the very highest position for Walker. But, folks mock him and he wins in a purple state, 3 times in 6 years. I remember a governor from California liberals mocked!! We may be wrong about Walker. Maybe he’s another Reagan. I don’t hate him like you folks, I just don’t like him.

  17. We’ve had four years of Walker. If Wisconsin is stupid enough to keep reelecting him then he and his Republican House and Senate should really put the hammer down and show those who idiots who voted for him what ALEC has in store for Wisconsin and the rest of the nation. Wisconsin is the canary in the coal mine. I can relate to the disgust Texas Democrats must feel.

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