Related Case: Prosecutor v. Räsänen
HELSINKI – In a victory for free speech
the Helsinki Court of Appeal has dismissed all charges against Finnish Member of Parliament Päivi Räsänen and Lutheran Bishop Juhana Pohjola
who were both tried for “hate speech” in August after publicly expressing their Christian beliefs
In a unanimous ruling that upheld the district court’s March 2022 unanimous acquittal
the appeal court dismissed the arguments of the state prosecutor
on the basis of the evidence received at the main hearing
to assess the case in any respect differently from the District Court
There is therefore no reason to alter the final result of the District Court’s judgment.”
The court has fully endorsed and upheld the decision of the district court
which recognized everyone’s right to free speech,” said Räsänen after her victory
“It isn’t a crime to tweet a Bible verse or to engage in public discourse with a Christian perspective
The attempts made to prosecute me for expressing my beliefs have resulted in an immensely trying four years
but my hope is that the result will stand as a key precedent to protect the human right to free speech
I sincerely hope other innocent people will be spared the same ordeal for simply voicing their convictions.”
The court has ordered the prosecution to pay tens of thousands in legal fees to cover costs incurred by both defendants
The prosecution could appeal a final time to the Supreme Court
Räsänen, Finland’s former Interior Minister and a grandmother of 11, was formally charged with “agitation against a minority group” in 2021 under a section of the Finnish criminal code titled “war crimes and crimes against humanity” for sharing her Christian beliefs on marriage and sexual ethics in a 2019 tweet
in addition to a 2019 live radio debate and 2004 church pamphlet
Pohjola was charged for publishing Räsänen’s 2004 pamphlet
The case has garnered global media attention as human rights experts voiced concern over the threat posed to free speech
“At the heart of the prosecutor’s examination of Räsänen was this: Would she recant her beliefs
The answer was no—she would not deny the teachings of her faith,” said ADF International Executive Director Paul Coleman
“The cross-examination bore all the resemblance of a ‘heresy’ trial of the Middle Ages; it was implied that Räsänen had ‘blasphemed’ against the dominant orthodoxies of the day.”
What happened to Päivi should not happen in any free society.”
Räsänen’s legal defense highlighted the strong protection that freedom of speech enjoys in international law
in addition to being integral to Finnish democracy
“there is no reason to alter the final result of the District Court’s judgment,” which had recognized that while some may object to Räsänen’s statements
“there must be an overriding social reason for interfering with and restricting freedom of expression.” The district court had concluded that there was no such justification stating that
“it is not for the District Court to interpret biblical concepts.”
“While we celebrate this monumental victory, we also remember that it comes after four years of police investigations, criminal indictments, prosecutions, and court hearings,” said Coleman, who authored the book “Censored: How European Hate Speech Laws are Threatening Freedom of Speech.” “We applaud the Helsinki Court of Appeal’s ruling in this case
It is a momentous decision upholding the fundamental right to free speech
all should be allowed to share their beliefs without fear of censorship
Criminalizing speech through so-called ‘hate-speech’ laws shuts down important public debates and poses a grave threat to our democracies
We are relieved to see courts enforce the rule of law when state authorities overstep by seeking to penalize and censor statements that they dislike.”
ADF International will host a press conference on Tuesday at 9:30 a.m. EST. Räsänen, Pohjola, and Coleman will be available for questions after their statements. Participate online at this link
To learn more details about the case and to support Räsänen, visit https://adfinternational.org/FreeSpeechOnTrial
Alliance Defending Freedom is an alliance-building
non-profit legal organization committed to protecting religious freedom
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Finnish MP wins on all charges in major free speech trial
What Is Freedom of Speech?
Finnish MP Päivi Räsänen Still in Court After ‘Hate Crime’ Charge for Quoting the Bible
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promoted by the Association of United Residents of Apelação (a town in Portugal)
and the initial idea was to build a small crochet tree 10 or 12 feet tall
the tree grew as the number of volunteer knitters grew
This surpassed the Guinness World Record held by a crocheted tree measuring 52.2 feet that was created last year in Ecuador
The ultimate goal of this project was to get the elderly women of the village out of their houses to interact with each other after two years of confinement due to the pandemic
according to the coordinator of the project
The response of the population was spectacular: the team ended up being formed by more than 70 women aged 11 to 88 years old
Every afternoon they gathered in the assembly hall of the parish of Apelação and crocheted
they knitted more than 9,000 multicolored pieces that they then assembled to make a spectacular Christmas tree that was inaugurated on December 3
As they explain on their Facebook page
the association aims to "promote and ensure the quality of life of the inhabitants of the parish of Apelação
through the continuous improvement of living conditions
promoting actions that include support and protection
the Association has a special concern for the most socially excluded sectors of the population
and consequently works to achieve integration of the immigrant population and ethnic minorities
The plan worked; women of all ages and from different cultures have participated in this Christmas project
They’ve been involved in intergenerational and intercultural interactions
they’ve established bridges of communication
and they’ve combated the isolation of many women who
The women have strengthened their bonds of friendship thanks to working together for 211 days
including more than 5,000 hours together during which they got to know each other better and experienced moments of companionship and mutual appreciation
The work of joining the small crocheted squares has helped unite the community of Apelação
This large tree – more than 55 feet tall – which now holds the title of being the largest handmade tree in the world
is the image of the community spirit and inclusiveness that has presided over its construction
Many local businesses and institutions sponsored the project and provided the means and funds to achieve this goal
climbing up the triangular metal structure that gives shape to the colorful tree in order to hang the fabric
An endearing children's choir and the Municipal Orchestra of Loures
the municipality to which Apelação belongs
the project's volunteers also organized a Christmas craft sale next to the tree to raise funds and make food baskets for the most needy in the community
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Ripple is considering filing a cross-appeal in response to the SEC’s appeal against the court’s judgment on August 7, which ordered Ripple to pay $125 million to resolve charges over the institutional sales of XRP tokens, said Ripple Chief Legal Officer Stuart Alderoty
The penalty
although more than Ripple’s suggested $10 million
is significantly lower than the nearly $2 billion initially demanded by the SEC
which included extensive disgorgement and prejudgment interest
The court also ruled that XRP tokens sold on secondary markets do not qualify as securities
it is unclear whether the SEC will contest Ripple’s fine imposition or the court’s ruling that secondary market sales of XRP tokens are non-securities
With the SEC’s decision to proceed with its appeal
Ripple is evaluating a countermove in the ongoing SEC litigation over XRP
This could involve Ripple appealing Judge Torres’ ruling regarding the sale of XRP to institutions as investment contracts or challenging the $125 million fine
Both appeals would be consolidated into a single case before the Court of Appeals
Ripple has a 14-day window starting tomorrow to file its cross-appeal
Alderoty said he was disappointed by the SEC’s decision
He criticized the SEC’s litigation strategy as prolonging “embarrassment.”
“The Court already rejected the SEC’s suggestion that Ripple acted recklessly
and there were no allegations of fraud and
there were no victims or losses,” Alderoty stated
“Instead of faithfully applying the law
continues to engage in litigation warfare against the industry
We are evaluating whether to file a cross-appeal
the SEC’s lawsuit has been irrational and misguided from the start
and we’re ready to prove that yet again in the appellate court,” he added
The appeal was filed just an hour after Gurbir Grewal, who directs the SEC’s enforcement actions, announced his resignation
It’s unclear whether Grewal’s departure was connected to the case’s handling
the Second Circuit will not rule until January 2026
For the #XRPHolders
SEC likely to seek permissible 30 day extension
It's opening brief will be due around the same time
— Fred Rispoli (@freddyriz) October 2, 2024
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The SEC has officially filed a Notice of Appeal in its legal battle against Ripple Labs and its executives
SEC files appeal in Ripple case, putting XRP ETF on hold pic.twitter.com/pJlqh4PVyW
— Crypto Briefing (@Crypto_Briefing) October 2, 2024
This move effectively halts progress on the recently proposed XRP ETF by Bitwise
Bitwise filed for the first-ever spot XRP ETF on September 30
just days before the SEC’s deadline to appeal the court ruling in favor of Ripple
with the SEC now challenging the final judgment from August 7
the legal battle over whether XRP is considered a security is far from over
The SEC’s appeal could extend Ripple’s legal saga well into 2025
creating a cloud of regulatory uncertainty over XRP and any financial products associated with it
The final judgment in the Ripple case had ruled in favor of Ripple Labs
allowing XRP to be traded without being classified as a security
This was seen as a significant victory for Ripple and the wider crypto industry
the SEC’s decision to appeal the ruling has put that victory on hold
with XRP’s status once again in question
had previously warned that an SEC appeal would significantly reduce the likelihood of a successful XRP ETF
stating that the chances would drop to “near zero” if the appeal were filed
Bitwise’s spot XRP ETF was expected to offer institutional and retail investors exposure to XRP through a regulated financial product
the ETF’s approval process is likely delayed indefinitely
The ongoing legal battle will likely keep XRP’s regulatory status—and
its market performance—uncertain for the foreseeable future
The Ripple case has become one of the most significant legal battles in the crypto world
and the SEC’s appeal only adds more complexity
investors and the crypto industry will have to wait for the courts to decide XRP’s future
as both sides prepare for what could be an extended legal battle
The legal uncertainty surrounding XRP makes it unlikely that the Bitwise XRP ETF or similar financial products will move forward until there is a final resolution
the Jerusalem Magistrate’s Court handed down another ruling ordering the evacuation of four families (from the Shehadeh family) from their home in Batan Al-Hawa of Silwan
Since the beginning of 2020 to the present day
judgments have been given in 14 eviction claims of settlers against families in the Batan Al-Hawa in Silwan and Sheikh Jarrah
the Magistrate’s Court ordered the evacuation of 36 families with 165 people
7 cases in the Batan Al-Hawa for the evacuation of 107 people from 20 families; 7 cases in Sheikh Jarrah for the evacuation of 58 people from 13 families
All the families have filed appeals and are in various stages of hearing in the district court
Dozens more families are in proceedings and may receive evictions soon
we might see massive evictions of families in the coming months
Peace Now: “The story here is not legal but political
The court is only the tool by which settlers use with the close assistance of state authorities to commit the crime of displacing an entire community and replacing it with settlement
The Israeli government and settlers have no problem to displace thousands of Palestinians in the name of “the Right of Return” to properties before 1948
while they strongly claim that the millions of Israelis living in Palestinian properties before 1948 cannot be evicted
Since the evacuation of the Mughrabi neighborhood for the purpose of expanding the Western Wall plaza in 1967
there has been no such deportation in Jerusalem
On the table of the prosecution in the International Court of Justice in The Hague is a complaint about the displacement process led by the government in Sheikh Jarrah and in Batan Al-Hawa
The government can still stop this injustice”
Read a thorough explanation on how the government can prevent the evictions in East Jerusalem
The eviction lawsuits against the families of Skafi (13 individuals)
Ja’uni (2 individuals) Abu Hasna (6 individuals) and Alkurd (6 individuals) were filed by a company called “Nahalat Shimon”
owned by a foreign company registered in Delaware (USA)
which represents settlers seeking to build a large settlement in Sheikh Jarrah
The settlers purchased the land from two Jewish associations
the Sephardi Community Committee and the Knesset Israel Committee
which claimed to have purchased the land at the end of the 19th century
The Jordanians designated the land for the resettlement of dozens of Palestinian refugee families
who exchanged their refugee status for homes in the newly-built neighborhood in Sheikh Jarrah
the Jewish organizations recovered the ownership rights of the land based on the Legal and Administrative Matters Law (see below) and began to demand that the refugee families vacate their homes
the associations were exercising the “right of return” of Jews to assets taken in 1948 (a right not afforded to Palestinians)
the Nahalat Shimon settler company has filed numerous lawsuits against dozens of families in Sheikh Jarrah in the Karem Ja’uni area
which are in various stages of court hearings
eviction procedures against the Sabbagh family were renewed after losing in court to the settlers in a similar lawsuit
Background: The threat of eviction in Sheikh Jarrah and Silwan
The houses in Karem Ja’uni were built in the 1950s by the Jordanian Housing Ministry as part of a refugee rehabilitation project in which 30 houses were constructed in Sheikh Jarrah for refugee families in return for waiving their status as refugees
It should be noted that the process of registering the houses in the names of the refugees was not completed before 1967
After the area was transferred to Israeli control in the 1967 War
the Jewish associations could take advantage of the lack of registration
and registered the land in their name based on the Legal and Administrative Matters Law (1970)
the Jordanian Government and the residents
In 1970, the Legal and Administrative Matters Law was enacted in Israel
that Jews who lost their property in East Jerusalem in 1948 could receive it back to their ownership
It is important to mention that Israeli law (the Absentee Property Law of 1950) does not allow Palestinians who lost their assets in Israel in 1948 to receive them back
and permits the state to bring the assets into the state’s possession
Israeli law provides for a different law for Jews and Palestinians
the implementation of the law leads to the evacuation of Palestinian refugees from their homes
and in effect makes them refugees for the second time
the government of Israel made sure to compensate all the Jews who lost their property in 1948 and gave them alternative assets inside Israel
Hence the owners of the properties are entitled under the Legal and Administrative Matters Law to double compensation for the loss in 1948
For an analysis of the law and its implementation, see here.
The Palestinian refugees families in Sheikh Jarrah
had owned houses and lands in Israel before 1948
but as a result of the war became refugees
According to the Absentee Property Law (1950)
they are not entitled to receive or return to their property
those families attempted to rehabilitate themselves in exchange for giving up their status as a refugee family
on the basis of the discriminatory law enacted by the Knesset
those families are about to become refugees again
where all that has changed is the geopolitical situation and the law enacted by Israel
Demonstration at the District Court against the displacements in Sheikh Jarrah
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