Page 256 - big friday

minister's authority. However, one could
also argue that a publication that was
"likely to endanger public safety" must
entail "near certainty" that its publication
would indeed result in danger to the
public safety. The court deliberated the
two possible interpretations, and chose
the latter, according to which the Minister
of the Interior could order the closure of
a newspaper only if it appeared that its
publication entailed "nearly certain," real
danger to public safety (for example, a
publication encouraging acts of violence
and terrorism). In view of its adoption of
the "near certainty" test, the Supreme Court
nullified the decision of the Minister of the
Interior.

‫‏‬Why did the Supreme Court prefer
this liberal interpretation, recognizing
the great and important value of freedom
of the press? Because the State of Israel is
a democracy, and in a democratic state it
is proper that freedom of expression is
granted great importance. The fact that
we are a democratic state was deduced by
the court mainly from the third section of
the Proclamation of Independence. Justice
Shimon Agranat, who would go on to
become the third President of the Supreme
Court, made statements in the Kol HaAm
ruling that imbued the Proclamation of
Independence with great importance as
an auxiliary instrument of interpretation,
in light of which the court evaluates
statutory laws that are open to different
interpretations. He wrote:
254 The Friday That Changed Destiny‫‏‬