Berlin Court Convicts Protester: Freedom of Expression and Political Tensions in Focus

A Berlin court sentenced a demonstrator to a fine of 600 euros on Tuesday for chanting the slogan "From the river to the sea, Palestine will be free" at a pro-Palestinian rally in October. Judge Birgit Balzer stated that this phrase could only be understood as a denial of Israel’s right to exist. The rally took place just a few days after the severe Hamas attacks on Israel on October 7. The slogan, which is interpreted differently depending on the context, was banned in Germany as it is essentially seen as a call for the eradication of Israel. The court case was considered a test case for this ban, which was introduced following the attacks. According to the Berlin-Tiergarten District Court, the statement made by the defendant, Ava Moayeri, could only be interpreted as support for the attacks and a denial of Israel's right to exist. The Israel-Hamas conflict has highlighted the fine line between freedom of expression and Germany’s special relationship with Israel. Since the Holocaust, support for Israel has been a cornerstone of German policy, a principle referred to as state doctrine. Since October 7, the activism landscape in Germany has changed due to these tensions, with numerous event cancellations, bans, and heated debates about what can be said regarding Israel and the war. The convicted demonstrator, Ava Moayeri, is a 22-year-old German of Iranian descent, who originally faced a maximum sentence of three years in prison. Her lawyer, Alexander Gorski, called the decision "a rather dark day for freedom of speech in Germany" and rejected the judge’s interpretation. "From my perspective, the slogan should never be part of a criminal investigation; if some people are unhappy with the phrase, they should be able to counter it with their own ideas – that is how a liberal democracy should function," said Gorski. "But instead, the German state and Berlin are raining down repressions on the pro-Palestinian movement." Gorski added that Moayeri intends to appeal the verdict.