American influencer Braden Peters, known online as Clavicular, has stirred controversy in recent days after visiting Israel, with many asking why he was even allowed to enter the country after making several public antisemitic remarks.
Artificial intelligence was used to determine if Clavicular's mere presence in Israel constituted a crime, or if Ben-Gurion Airport was right in allowing him to enter the state.
Peters was seen at Tel Aviv clubs during his visit and was also photographed speaking with Prime Minister’s adviser Topaz Luk, who said the meeting was coincidental and that Peters apologized to him for the antisemitic remark attributed to him. Other reports claimed Peters was removed from a beach club after a person accompanying him filmed customers, confronted them and refused to stop.
The uproar is tied to a video filmed in January 2026 at the Vendôme club in Miami Beach. In the video, Peters and other influencers, among them Nick Fuentes, Andrew and Tristan Tate and Sneako, are seen singing and cheering while the song “Heil Hitler” by rapper Ye, formerly Kanye West, was played. One participant was filmed giving a Nazi salute. After the video was published, the club said the incident was unacceptable, fired employees and barred those involved from the venue.
According to the reports, Peters did not initially distance himself from the incident and even said he was not sorry and would do it again. Luk, by contrast, said after meeting him in Tel Aviv that Peters apologized for the antisemitic remark. It was not reported that Peters sang the song, gave a Nazi salute, or publicly expressed support for Nazi crimes during his visit to Israel.
Why was he not arrested in the United States?
According to the artificial intelligence models, Peters was not arrested after the Miami video because of the broad protections the First Amendment grants to free speech in the US. There is no general offense of “hate speech” in the US, and even racist, antisemitic, or Nazi expressions may be protected as long as they do not amount to a real threat, unlawful harassment, or direct incitement to immediate illegal action.
Under a test set by the US Supreme Court in Brandenburg v. Ohio, a person may be punished for incitement only when the speech is intended to bring about immediate unlawful action, and there is a likelihood that the action will in fact occur.
A shocking remark or singing a Nazi song is not enough on its own to meet that strict test.
The law could be different if the expression includes a real threat against a specific person, an immediate call for violence, assault, disorder, or words aimed directly at a person that could lead to a violent confrontation. But the reports about the Miami incident do not indicate that the authorities determined the singing itself crossed the American criminal threshold.
Unlike countries such as Germany and Austria, Israel does not currently have a sweeping criminal ban on all use of Nazi symbols, all Nazi salutes or the mere utterance of the words “Heil Hitler.” Israel does have other, more targeted laws that may apply depending on the content of the remarks, the speaker’s intent and the circumstances in which they were made.
Section 3 of the Law for Prevention of Holocaust Denial states that a person who publishes, orally or in writing, words of praise, sympathy or identification with acts committed during Nazi rule, when these are crimes against the Jewish people or crimes against humanity, faces up to five years in prison. The law does not prohibit every mention of Hitler or every performance of a song with Nazi content, but requires a connection between the publication and praise, sympathy or identification with the crimes themselves.
That means singing “Heil Hitler” may serve as evidence of sympathy with Nazism, but it does not by itself guarantee a conviction. Investigators and prosecutors would have to examine the lyrics, the participants’ behavior, what was said before and after, any salutes made, the place, the audience and the explanations given by those involved.
The claim that it was done “as a joke” does not provide automatic immunity, but it is one of the circumstances a court may consider. There is a difference between presenting a clip in a report, a performance or a historical discussion, and a celebratory song meant to express admiration for Hitler or identification with the extermination of Jews.
Can Israel investigate an act carried out in Miami?
In an unusual case, the answer is yes, at least in principle. Section 13 of the Penal Law states that Israel’s criminal laws may also apply to a foreign offense that constitutes an offense under the Law for Prevention of Holocaust Denial. In other words, even a person who is not an Israeli citizen and who carried out abroad an act that could be considered in Israel as a publication of sympathy for Nazi crimes may, in legal terms, be investigated and prosecuted in Israel.
However, the theoretical possibility does not make the process automatic. Section 9 of the Penal Law states that prosecution for a foreign offense may be brought only by the attorney general or with her written consent, and only if she finds that there is public interest in doing so. The Law for Prevention of Holocaust Denial itself also requires the attorney general’s consent for filing an indictment.
The authorities would need to prove that the filmed act indeed meets the precise definition in Israeli law, that the video is authentic, that Peters was aware of the song’s content, and that his conduct expressed praise for or identification with Nazi crimes, rather than mere provocation, taunting, or participation in an event. The very fact that the behavior arouses public revulsion is not enough in criminal law.
Even when there is suspicion of an offense, arrest is not an automatic response. Under Israel’s arrest laws, there is usually a need for reasonable suspicion of an offense and a separate ground for arrest, such as danger to the public, concern about obstructing the investigation, tampering with evidence or flight from justice. Even when there is a ground for arrest, authorities must examine whether the purpose of the investigation can be achieved in a less restrictive way.
Therefore, even if the Miami video had been reviewed, it would not have meant Peters had to be arrested immediately upon landing in Israel. The authorities could have summoned him for questioning, taken his testimony, examined the videos, or sought conditions that would prevent him from leaving the country, depending on the evidence and the specific concern.
Why was he allowed to enter Israel? Entry into Israel by a tourist is not an absolute right. The Entry into Israel Law grants the interior minister and the Population and Immigration Authority broad discretion over visas, denials of entry, and cancellations of residency permits. An ETA-IL approval allows a tourist to come to border control, but does not guarantee entry into the country.
However, there is no provision in the law stating that anyone who has previously expressed antisemitic views or sung a Nazi song abroad will automatically be blocked from entering Israel. Refusing entry or canceling a stay requires an administrative decision by the authorized bodies, based on information and considerations such as public safety, state security, the purpose of the visit and the visitor’s conduct.
As of now, it has not been reported that Israeli police opened an investigation against Peters over the Miami video, that the attorney general was asked to approve criminal proceedings, or that the Population and Immigration Authority decided to cancel his visa. The only report about his removal from a place in Israel concerned his being thrown out of a private club after, according to the owners, he and a companion filmed customers and provoked confrontations.
Had Peters sung in Israel a song praising Hitler, given a Nazi salute, and expressed identification with the murder of Jews, that could have justified opening an investigation on suspicion of publishing sympathy for Nazi crimes. If the remarks had included a call to harm Jews or another group because of their origin, suspicion of incitement to racism could also have been examined.
If the singing had taken place in a club, in the street or at a memorial site and led to a confrontation, threats or public disorder, police could also have intervened under offenses related to public order. In such a case, removing him from the place, detaining him or arresting him would depend not only on the words of the song, but also on his conduct and the danger created at the scene.