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Group Letter May23-10 Response to Libel Threat ENG Translation

Group Letter May23-10 Response to Libel Threat ENG Translation

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Published by FreeSpeechIsrael
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Published by: FreeSpeechIsrael on Feb 08, 2012
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03/01/2014

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 Without prejudice
May 24, 2010 To:Nadav Haetzni, Adv.Puris Heatzni Rosenberg & Co.15 Kanfei Nesharim St., JerusalemBy fax no. 02-653-7773 (tel: 02-653-7777)
By registered mail and faxRe: My client, Mr. David RemezPublication of defamation – your client, the Im Tirzu association
 Re: Your letter to my client, Mr. David Remez, from April 1, 2010Dear Sir,1.
 
I hereby reply to your letter to my client, Mr. David Remez (who in yourletter was called familiarly "Didi Remez"), pursuant to the contents of yourreferenced letter from April 1, 2010 (provided, of course, that your letter was sent in earnest, and was not sent as an April Fools' Day prank, acommon practice in the world on that date).2.
 
In your letter you claim that my client, together with others, is a participantin a grave publication, in your words, on the Internet, as part of theFacebook site, which includes the logo
"Im Tirzu – a fascist movement."
Subsequently in your letter you claim that the goal of this group is topromote a campaign of slander, defamation and vilification of your client.3.
 
Inasmuch as my client is indeed a participant in administering this group onthe Internet and/or was a participant in the publications appearing therein, we completely reject the contents of your letter, in all its sections andarguments, for the reasons that will appear as follows. My client, inasmuchas he is a participant in administering the group
"Im Tirzu – a fascistmovement,"
maintains his claims in this matter and his right to freedom of expression in a democratic state, as shall be explained as follows.
 Definitions
 4.
 
Before we present our arguments and address, in a nutshell, the argumentsand complaints raised in your letter, we would like to define a number of terms to ensure our use of them is understood. Clearly these definitions arenot comprehensive and cannot contain the complete extent of academicresearch concerning them:"Democracy" -- government of the people, a political regime wheregovernment is by elected representatives of the people."Democratic" – (from the Greek,
demos 
– people,
kratos 
– rule or power). 1.
 
 An advocate of a regime of the rule of the people, a government of electedrepresentatives of the people. 2. A person who sees other members of society as having equal rights to himself and does not aspire to elevatehimself above others and lord over them.
 These terms were taken from The New Dictionary by Abraham Even-Shoshan.
 "Freedom of speech" -- a regime of liberty, where every person is allowed toexpress their views publicly, even if they contradict the official view or the views of others, without being subjected to sanction because of saidexpression."Fascism" - a system of ideologies and practices that wish to place thenation, defined in biological, cultural and/or historic terms, above all otherfoci of identification, and create a motivated national community 
 
KevinPassmore – Fascism, a Very Short Introduction
, Oxford University Press, 2002).5.
 
 We also wish to comment that we tried as much as possible to avoid relying on the definitions that appear on the website "Wikipedia -- the freeencyclopedia," considering the recent press reports ("Haaretz," May 14,2010), that you take exception to some of the definitions appearing therein,at least when it comes to definitions related to your movement. It was alsoreported in that article that even your unequivocal demand to change thedefinitions of the movement so that they accord with the definitions yourclient wishes to appropriate for itself was accompanied by a threat, albeitimplicit, of a legal suit in the matter. We will return to this later in ourresponse.
On the freedom to express opinions in a democratic state
6.
 
I hereby inform you that our client completely rejects your demands in yourletter.
 
7.
 
 The involvement you ascribe to our client in the Facebook group, inasmuchas it exists, constitutes a legitimate and legal use of his right to the
freedomof expression
afforded to him in a country whose regime is
democratic.
  The attempt by your client, through you, to intimidate anyone who criticizesit is an
anti-democratic
act that gravely violates
the right to freedom of expression
.
 
8.
 
 The public discourse in Israel is sharp and stems from the gravity of theissues at hand. The use of the phrase "fascism" in its various conjugationsand of even harsher terms attributed to individuals and movementsperceived by their critics as undemocratic is not rare. The attempt to silencethat criticism only reinforces the critic's justification for using such phrases
.
9.
 
 Therefore, while sending libel threats to the whole world and trying toeliminate criticism, it is advisable that your client contend with the tools andfunds at its disposal (and they are plentiful) with the content and substance

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