Case Number

HCJ 2481/93

Date Decided

2-9-1994

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: The petitioner applied for a permit to hold an assembly directly outside the home of Rabbi Ovadya Yosef, spiritual leader of the Shas political party. The District Commissioner of Police refused the permit, because it would violate the rights of privacy of the rabbi, his family and his neighbours.

Held: It is necessary to balance the petitioner’s right to freedom of assembly against the right of privacy of the public figure, his family and his neighbours. According to Vice-President Barak, these rights are of equal importance: in principle there is a right to hold an assembly outside the private home of a public figure, but this right must not materially intrude on the right of privacy of the public figure and his neighbours. When the home is used to some extent also for public activity, then slightly less protection will be given to the right of privacy of the public figure in his home than in a case where the home is not used for public activity. According to Justice S. Levin, the right of privacy of the public figure in his home is of greater importance than the right to hold an assembly outside that home. According to Justice Goldberg, an assembly outside the private home of a public figure should only be allowed when he conducts all or most of his public activity from home.

In the present case, Vice-President Barak and Justice Goldberg would have granted the petition and allowed the petitioner to hold an assembly outside the home of Rabbi Ovadya Yosef, if the petitioner had agreed to restrictions of time, place and manner. The petitioner, however, refused to agree to any restrictions.

Keywords

Administrative Law -- Discretion, Constitutional Law -- Freedom of Expression, Constitutional Law -- Right to Privacy

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