According to the Channel 7 website, "The Jerusalem District Court reversed the decision of the Magistrate's Court and acquitted Benzi Gopstein – a political activist affiliated with the far-right in Israel, a student of Rabbi Meir Kahane, and founder of Lehava (Flame) for the Prevention of Assimilation in the Holy Land – of charges of incitement to racism."
The article raised a "significant question" regarding whether this ruling would allow Gopstein to run in the upcoming Knesset elections.
In order to assess the implications of this ruling, it is necessary to present the facts in an orderly manner and evaluate their significance accordingly.
Results of the Appeal in the District Court
The Channel 7 article refers to two appeals filed by Benzi Gopstein against the State of Israel (Appeal No. 43477-07-24, and Appeal No. 18997-09-24, February 4, 2025). These appeals pertain to two specific charges in the lower court's verdict (T.F. 62177-11-19), which included a conviction on January 14, 2024, followed by sentencing on June 4, 2024.
The fourth charge in the indictment alleged that, during a speech at a assembly held in memory of Rabbi Meir Kahane – later documented on a website – Gopstein made explicitly racist remarks against the Arab population as a whole. It was determined that these remarks were made with the intent to incite, leading to his conviction for "incitement to racism."
The fifth charge related to Gopstein's participation in a wedding, during which some attendees wore masks and wielded knives. At the end of the celebration, Gopstein took the stage, waved his hands, encouraged the dancers, and twice sang a hymn praising Baruch Goldstein – an American-Israeli physician, supporter of Kach movement founded by Rabbi Meir Kahane, who killed 29 and wounded 125 Muslim worshippers at the Cave of the Patriarch in Hebron, in February 25, 1994 – that included the words: "Blessed is the man who entered the cave, cocked the weapon and fired." He then declared, "Muhammad is dead."
The original verdict found that, while his words constituted "praise and glorification of an act of terrorism," the absence of a strong response from the wedding guests, coupled with the determination that such songs were not uncommon at far-right weddings, meant there was no real likelihood that this would lead to an act of terrorism. Consequently, Gopstein was acquitted of this charge in the lower court.
Upon appeal, however, the District Court overturned the earlier acquittal on the fifth charge while acquitting him of the fourth charge. The judges ruled that the circumstances surrounding the wedding "created a real possibility of leading to the commission of an act of terrorism."
Thus, the new ruling convicted Gopstein of a more serious offense than before. However, despite this, the judges chose not to alter his sentence, citing, among other reasons, the considerable time that had passed since the original trial.
Given these developments, it is unsurprising that headlines in other media outlets framed the outcome differently – such as, for instance: "Former Police Minister's Associate Convicted of Incitement to Terrorism."
High Court Decision on His Disqualification from the Knesset Elections
Gopstein's legal troubles extend beyond this specific trial. In 2019, the High Court of Justice ruled against his eligibility to run for the Knesset (Case Nos. A.B. 5487/19 and A.B. 5506/19, August 22, 2019). This decision was not limited to the assembly speech (the fourth charge) but also took into account his behavior at the wedding (the fifth charge).
In their ruling, the nine presiding justices reviewed extensive evidence presented against Gopstein, including numerous statements he had made over the years. Their findings were unequivocal: "The dozens of pieces of evidence presented before us create a clear and undeniable picture: Gopstein has engaged in systematic incitement to racism against the Arab public. He portrays Arabs as an enemy with whom no form of coexistence is possible. He likens them to a terminal disease, referring to them as a 'cancer that has metastasized everywhere.' He openly describes Arabs as following a 'culture of murder, theft, and rape.'"
Furthermore, when confronted with these statements during the Central Elections Committee's disqualification hearings, Gopstein did not express regret. Instead, he emphasized: "I am not ashamed. I do not retract my words, and I do not regret them. I will continue to fight against assimilation."
The court concluded that Gopstein's long-standing and systematic pattern of racist incitement fell squarely within the prohibitions outlined in Article 7A(a)(2) of the Basic Law, which disqualifies individuals from running for office due to incitement to racism.
In response to attempts by Gopstein's supporters to argue that his statements were merely an ideological stance against assimilation, the justices were unconvinced: "This attempt completely collapses in light of the extreme severity of his statements, which are saturated with contempt and hatred toward the Arab public as a whole."
Gopstein’s Response
Unsurprisingly, Gopstein dismissed the court's rulings as politically motivated. In his response, he stated: "We know that the Supreme Court is entirely political. It adheres to an agenda that serves only one side, and that side is certainly not mine. Therefore, I cannot expect any objective decisions from those wearing black robes – they are simply incapable of impartiality."
Ending
Given the above, a fundamental question arises: How accurate, complete, and relevant was the Channel 7 website’s reporting?