Will Ye’s Antics Ever Lead to Real Consequences?

Here’s a lede I never thought I’d write: On Tuesday, Feb. 11, I tried to buy a swastika t-shirt from a hip-hop artist.

The artist was Ye, of course, and my interest was purely journalistic. I live in Berlin, where there’s a law against the use or distribution of symbols of “unconstitutional organizations,” including those of the Nazi party, and I wanted to see if West might be enabling the breaking of it by shipping to Germany. It took me a day to make sure I wouldn’t be breaking the law as well, since potential penalties include jail time. By then, the e-commerce giant Shopify had taken down Yeezy.com — which seems like a very reasonable solution.

How seriously does Germany take this law? In 2006, a Stuttgart court fined a company selling anti-Nazi merchandise, with images of a swastika with a red line through it. It’s not clear if the law would apply to a company selling swastika t-shirts from another country, as Ye was, but ordering or wearing such a shirt would be a criminal offense. Nazi symbols are also banned in France, Italy, Poland and more than a dozen other countries, and although Ye performed in Italy last year, it’s hard to believe that he could find a promoter or venue willing to book him in these places anytime soon. If human decency fails, Ye’s unpredictability brings with it too much legal risk.

Over the last few decades, few popular musicians have behaved so badly, so publicly, and so unapologetically for so long without facing serious consequences. (Plenty have done one of these, and a few less popular musicians have done all.) And Ye doesn’t seem to be playing with Nazi iconography just for shock value the way, say, Sex Pistols bassist Sid Vicious did. (This is not okay either, obviously, but Ye’s assurances that he means this makes him far worse.) And although discussion of the Nazi regime tends to focus on its murderous antisemitism, it also persecuted and murdered people because they were gay, Roma, or Black. This is a regime under which Ye’s marriage to Bianca Censori would have been illegal under racial purity laws. And Ye is endorsing it. (It should be noted that, on Feb. 19, he walked it back “after further reflection.”)

So far, Ye has avoided serious consequences, partly because he apologized to “the Jewish community,” rather lamely, in December 2023 and perhaps partly because he clearly seems to struggle with mental health issues. (He recently said he was autistic.) There’s also a tendency to see his behavior as so completely absurd that no one could possibly take him seriously. Him saying he wants to be called “Yedolf Yitler” sounds more like something out of a Dave Chappelle sketch than any kind of fascist advocacy.

So then why does this matter so much?

Partly because, in a country without hate-speech laws, like the U.S., it’s important to define the boundaries of acceptable discourse and impose some kind of consequences on those who cross them. And partly because doing so is a good way to start a more serious public discussion about where those boundaries ought to be. So far, Ye’s agent dropped him after he started selling the swastika shirts, and while it’s not clear when he might release another album, no company ought to go into business with him now.

I think it would be foolish to take offline music that Ye released years ago — his rhetoric is hateful but most of that music is great. Obviously, companies make money on that music — Universal Music Group owns the recordings from the early part of his career, and Sony Music Publishing administers his publishing rights — and they have an obligation to pay him. (Sony’s administration of his publishing will end in less than a year, after which the company will no longer have an interest in his catalog.) Both companies made statements that Ye’s behavior is unacceptable.

Since Ye started selling the shirts, the only big executive who has made a major statement is YouTube global head of music Lyor Cohen, in the form of an open letter. That’s important, since it will help make sure other companies take the issue seriously. The day after Ye started selling the swastika shirts, I joked that if he isn’t careful, he’s going to end up as a tenured professor at Columbia University. Of course, Columbia would never tolerate the way he spoke about having “dominion” over his wife. When it comes to antisemitism, however, it seems to be a bit more open-minded. The truth is that some of the tropes Ye espouses about Jewish money and power are not as far from respectable society as we might want to think.

Just look at the new video for the Macklemore song “fucked up,” which has the look of quick-cut propaganda. Macklemore is certainly free to advocate for his politics — I don’t like war, Trump, or Netanyahu, either! But his ideas about how the conflict in the Middle East is driven by the hidden agendas of powerful people — some of whom are in the media! — are creepy. Then there’s his juxtaposition of the Israeli flag and a $100 bill, which seems about as subtle as Elon Musk’s arm movements (which he attacks in the song). Plenty of people don’t seem bothered by the video, and plenty of people move their arms that way. But it’s hard to have a serious discussion about any of this while we’re tolerating outright Naziism. Obviously, Ye’s behavior is cartoonishly extreme. But it’s worth remembering that the symbols of Hamas, which have started to show up at the kind of on-campus anti-Israel protests that Macklemore seems to love so much, are also banned in Germany — just like the swastika.