The Supreme Court of Cassation in Rome ruled that a fascist salute is not considered illegal, unless it endangers public order or promotes the resurgence of fascist ideologies.

Italy’s top court said in its decision that a separate appeals trial is necessary for a cohort of eight Neo-fascist extremists who exhibited the gesture, referred to as the ‘Roman salute,’ during a memorial gathering in Milan back in 2016.

The lawyer representing two of the defendants, stated that the cassation court’s ruling signifies that the act of performing the Roman salute is not considered a crime. However, it can be deemed illegal if it poses a specific threat of reviving the fascist party, according to Article 5 of the Scelba law, or if it has explicit intentions of promoting racial discrimination and violence, as stated in the Mancino law.

The Scelba law, enacted in 1952, prohibited the promotion of fascism and prohibited the reestablishment of Benito Mussolini’s fascist party in Italian politics. In 1993, the Mancino law criminalized acts of racist violence and hate speech.

The recent rally in Rome witnessed hundreds of men using the fascist salute outside the former headquarters of the now defunct Italian Social Movement (MSI) party, and new court’s ruling regarding its usage at public events makes it perfectly legal.

CasaPound, the Neo-fascist organization behind the event, celebrated the Italian court’s ruling as a significant triumph. The occasion itself serves as a remembrance for the fatalities of three individuals associated with the MSI youth wing in Milan back in 1975.

The Brothers of Italy party, led by Italian Prime Minister Giorgia Meloni, emerged from MSI, a post-World War II Neo-fascist party, along with other political movements.

Meloni has claimed that her party does not harbor any individuals with nostalgic fascist, racist, or antisemitic beliefs in the DNA of Brothers of Italy. Nevertheless, despite this assertion, Brothers of Italy has declined to remove MSI imagery from its official emblem.

Meloni is under pressure to address the presence of Neo-fascist factions in Italy following the release of a video from the recent Rome rally. The footage, which went viral, depicts several men standing in formation and making the fascist salute, resulting in widespread criticism.