Lawyer Barak Cohen Acquitted After 5-Year Trial Over Song Criticizing Police Officer
Translated & summarized from Maariv by baba
Lawyer Barak Cohen was acquitted of insulting a public official after a five-year legal battle stemming from a song he wrote about a police officer. The court criticized the prosecution's decision to indict him, stating that using criminal law to address creative work should be a last resort. The judge questioned whether the song alone constituted a crime and highlighted the absurdity of prosecuting Cohen when others had performed cover versions. Cohen's claim of selective enforcement was dismissed.
The story in 5 lines · by baba
- Lawyer Barak Cohen was acquitted of insulting a public official after a five-year trial.
- The judge criticized the indictment, stating he was "not comfortable with the very filing of an indictment."
- Cohen was accused of repeatedly performing a song he wrote criticizing a police officer.
- The song was sold on vinyl and performed at clubs and festivals.
- The judge noted the "practical absurdity" of prosecuting Cohen when others performed cover versions of the song.
Lawyer Barak Cohen was acquitted on Thursday of insulting a public official, five years after being indicted for repeatedly performing a song he wrote against a police officer. The indictment accused Cohen of repeated performances of a "provocative song" and alleged that despite a previous conviction for insulting the same officer, he "continued his defiant actions with malicious intent" to harm the complainant.
The prosecution argued that the officer and his family suffered "deep emotional distress and many fears" due to Cohen's actions. The indictment detailed that between 2018 and 2019, Cohen, who had tens of thousands of social media followers, published posts criticizing the officer, including the song "Information Officer." The state claimed the song contained "insulting and degrading words" about the officer's duties. Cohen also offered a vinyl record of the song for sale at 55 shekels, selling 108 copies online, and performed it at the "Ozen Bar" club in Tel Aviv and at the "InDnegev" festival in 2018.
The judge criticized the decision to prosecute, stating, "I am not comfortable with the very filing of an indictment." He noted that the indictment's claim of repeated performances of the song, standing alone, might not constitute a crime of insulting a public official. The judge emphasized that using the criminal justice system to address creative work, even if deemed offensive, should be a last resort in a democracy that values freedom of expression.
He further questioned the conviction, suggesting that if the song alone had been the basis for the previous indictment, a conviction might not have occurred. The judge also pointed out the "practical absurdity" of prosecuting performers of the song, given that "cover versions" by other singers had been made over time. Ultimately, the judge was not convinced that there was a "near certainty" that Cohen's actions led to or would lead to harm in the officer's performance of his duties or in public service generally. Cohen's claim of selective enforcement was rejected.
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