I won’t take a position on whether the particular statements constitute one of the very limited types of speech that are not constitutionally protected. What I will say is, go find and watch the offending video. The guy repeats the command “gas the Jews” over and over again while cajoling his girlfriends dog. And I will say, there was nothing funny about it at all, so please don’t use expressions such as “oh, they outlawed humor”. The guy is laughing and he thinks its funny, but it just isn’t.
Worse than a terrible failed attempt at humor is that he posts this video on the internet, where millions of people can and did watch and listen to the phrase “gas the Jews” over and over again as something intended for laughter. As the son of a Holocaust survivor who evaded the gas chambers at Majdanek by the skin of his teeth, I find it sick and disgusting. As it lowers the bar for repeated exterminationist language, I believe it serves to bring actual violence against Jews closer and I would have no problem making specific language like that illegal.
I've seen it written that it's a crime in Germany to claim that the holocaust never happened.Of course to make such a claim is beyond delusional with all the films,photos,eyewitness reports (including from camp survivors like your father) and Nazi documents.I've even heard it said that General Patton,while on an inspection tour of one of the recently liberated camps,became physically ill at what he saw.
It may well be appropriate for German authorities to keep a close eye on such individuals.And it may be appropriate for our authorities to keep an eye on such people here for it seems distinctly possible that such people may be inclined to hurt others...in this case,Jews.
But can we sanction people in *anticipation* of a crime?