A Legal Victory for Freedom of Speech, and “Chained Wives”

Until at least the 18th century, Jewish communities and rabbinic courts could impose consequences on a husband who refused to give his wife a get, or bill of divorce, and thus prevented her from remarrying. Outside of Israel, Orthodox communities today must instead rely on coordinated social pressure. Earlier this month, a New Jersey court overturned a previous ruling that effectively outlawed some of these remedies. Michael A. Helfand explains:

[At present], there are Jewish organizations dedicated to remedying these cases of agunot [wives “chained” to their husbands] who use well-attended rallies, among other tactics, to pressure husbands to give the get and thereby release their wives from the marriage. And in more recent years, a growing number of (largely female) social-media influencers have sought to use their online presence to further encourage husbands to end marriages that, but for the get, have for all intents and purposes ended long ago.

But in the case of S.B.B. v. L.B.B., an initial New Jersey trial court decision held that for a woman to encourage this sort of coordinated pressure could constitute legally prohibited harassment. The defendant in the case had disseminated a video asking members of the Jewish community to “press” her husband to give her a get. . . . In turn, the judge granted the husband a final restraining order because this sort of coordinated campaign could “incite violence.” She also awarded the husband attorney’s fees and monetary damages.

The appeals court, however, reversed the decision, concluding that the First Amendment’s guarantee of free speech protected the dissemination of such videos. . . .  Essential to the appellate court’s decision was the fact that the video was not “directed to inciting or producing imminent lawless action [nor] likely to incite or produce such action.” If it had been, then the protections of the First Amendment might very well have fallen to the wayside. But the video, in the assessment of the appellate court, did no such thing.

Attempts to quash such efforts under the guise of harassment will not withstand constitutional scrutiny.

Read more at Forward

More about: Agunot, American law, Freedom of Speech, Orthodoxy

 

Why Taiwan Stands with Israel

On Tuesday, representatives of Hamas met with their counterparts from Fatah—the faction of the Palestine Liberation Organization (PLO) once led by Yasir Arafat that now governs parts of the West Bank—in Beijing to discuss possible reconciliation. While it is unlikely that these talks will yield any more progress than the many previous rounds, they constitute a significant step in China’s increasing attempts to involve itself in the Middle East on the side of Israel’s enemies.

By contrast, writes Tuvia Gering, Taiwan has been quick and consistent in its condemnations of Hamas and Iran and its expressions of sympathy with Israel:

Support from Taipei goes beyond words. Taiwan’s appointee in Tel Aviv and de-facto ambassador, Abby Lee, has been busy aiding hostage families, adopting the most affected kibbutzim in southern Israel, and volunteering with farmers. Taiwan recently pledged more than half a million dollars to Israel for critical initiatives, including medical and communications supplies for local municipalities. This follows earlier aid from Taiwan to an organization helping Israeli soldiers and families immediately after the October 7 attack.

The reasons why are not hard to fathom:

In many ways, Taiwan sees a reflection of itself in Israel—two vibrant democracies facing threats from hostile neighbors. Both nations wield substantial economic and technological prowess, and both heavily depend on U.S. military exports and diplomacy. Taipei also sees Israel as a “role model” for what Taiwan should aspire to be, citing its unwavering determination and capabilities to defend itself.

On a deeper level, Taiwanese leaders seem to view Israel’s war with Hamas and Iran as an extension of a greater struggle between democracy and autocracy.

Gering urges Israel to reciprocate these expressions of friendship and to take into account that “China has been going above and beyond to demonize the Jewish state in international forums.” Above all, he writes, Jerusalem should “take a firmer stance against China’s support for Hamas and Iran-backed terrorism, exposing the hypocrisy and repression that underpin its vision for a new global order.”

Read more at Atlantic Council

More about: Israel diplomacy, Israel-China relations, Palestinian Authority, Taiwan