Why Musk’s gesture, seen as an apology for Nazism, is not punished in the USA

Hate speech has a “brake”: inciting violence is considered a crime. “The KKK says this a lot: I can say ‘I hate’, but I can’t say ‘go there and kill people’, so it’s allowed as long as it doesn’t lead to terrorism, for example”, explains Clarisse. There is no stipulated penalty for this type of offense, depending on the case and state.

Some states may have specific laws, but the First Amendment is the most important. “There are some state prerogatives, but the First Amendment is cited a lot because it’s the broadest possible (rule). It’s a question, for them, of American DNA.”

In Brazil, a Nazi gesture is a crime. According to law no. 9,459/97, “manufacturing, marketing, distributing or broadcasting symbols, emblems, ornaments, badges or propaganda that use the swastika or gamma cross, for the purposes of promoting Nazism” carries a sentence of two to five years in prison and fine.

Musk’s gesture had repercussions in Germany

Group that combats anti-Semitism did not see a connection between the gesture and Nazism. “It appears that Elon Musk made a clumsy gesture in a moment of enthusiasm, not a Nazi salute, but again, we understand that people are nervous,” wrote the ADL (Anti-Defamation League) group on X.

In Germany, making a gesture with the right arm extended with the palm facing down is prohibited. The action can result in a fine or up to five years in prison — especially if accompanied by the words “Heil Hitler” (“Hail to Hitler”) or “Sieg Heil” (“Hail to Victory”). The law also considers salutes to be “confusingly similar” to Nazi symbols.