The Offense to Sensibilities Argument as Grounds for Limiting Free Expression: The Israeli Experience
Raphael Cohen‐Almagor · SSRN Electronic Journal · 2002
This essay discusses the issue of offense to sensibilities as possible grounds for limiting free expression. The first part introduces the theme of boundaries to freedom of expression. The second part deals with Israeli law and, more specifically, with the main court cases in which the Offense to Sensibilities Argument has been raised. The third part deals with Member of Parliament Rabbi Meir Kahane's visits to Arab villages and serves as a case in point when the Offense to Sensibilities Argument may provide justified grounds for curtailing freedom of expression. It is argued that the Argument will take precedence over free expression only in cases where severe and direct damage is inflicted upon the sensibilities of an individual, individuals or target group under circumstances in which the individual or target group cannot avoid being subject to the offensive expression. In every case, we need to examine the content of the expression, the manner of the expression, the speaker's intentions, and the circumstances. Psychologists should be consulted to assess the severity of each offense.