Germany places high importance on freedom of speech and expression.
But because of the country's dark history, some speech or gestures deemed hateful - and particularly when relating to Nazism - are not allowed. If people break these rules they can face punishment, such as a fine or even imprisonment.
Making the Nazi salute - called the Hitlergruß in German - involves raising the right arm diagonally upwards with a flat hand at eye level. It was the usual form of greeting during the Nazi era and often accompanied with the words "Heil Hitler" or "Sieg Heil".
Intentionally showing the Hitler salute in Germany is banned and can have criminal consequences.
READ ALSO: Fact check - Are people punished for using Nazi slogans in Germany?
Why are we talking about the Nazi gesture now?
Billionaire Elon Musk sparked controversy after making a gesture that appeared to many to look like a Nazi salute during Monday's event celebrating US President Donald Trump's inauguration.
The X, SpaceX and Tesla CEO appeared on stage at the Capital One Arena in Washington, where supporters of the newly inaugurated president had gathered for a rally.
Upon thanking the crowd for returning the 78-year-old Republican to the White House, Musk tapped the left side of his chest with his right hand and then extended his arm with his palm open (shown in the photo above), repeating the gesture for the crowd seated behind him.
Claire Aubin, a historian who specialises in Nazism within the United States, agreed that Musk's gesture was a "sieg heil," or Nazi salute.
"My professional opinion is that you're all right, you should believe your eyes," Aubin posted on X, aligning with those who found the gesture was an overt reference to Nazis.
Ruth Ben-Ghiat, a historian of fascism, also found the gesture "was a Nazi salute - and a very belligerent one too," she said on X.
Musk later posted on X that his opponents needed "better dirty tricks", adding that "the 'everyone is Hitler' attack is sooo tired".
Was Musk actually using a Nazi greeting?
It can't be proven whether or not Musk intentionally made the Nazi gesture.
Many people have defended Musk or even congratulated him, while others say the behaviour is unacceptable.
Democratic Party members responded with alarm.
Congressman Jimmy Gomez reacted to the moment by posting on X: "Well, that didn't take long."
One attendee at the rally told AFP he thought Musk was making the gesture as a joke. "He's very humorous, and he uses a lot of sarcasm. So when he did that on the stage, I don't think he meant it," said Brandon Galambos, a 29-year-old pastor and tech worker.
Reports by Wired and Rolling Stone magazines said far-right personalities in the United States were celebrating the move, like the writer Evan Kilgore, who called the salute "incredible."
The Anti Defamation League (ADL), an organisation founded to combat anti-Semitism which has criticised Musk in the past, defended his actions this time around.
"It seems that Elon Musk made an awkward gesture in a moment of enthusiasm, not a Nazi salute," the organisation said in a statement posted on X.
Democratic Representative Alexandria Ocasio-Cortez blasted the ADL's reaction, saying on X: "Just to be clear, you are defending a Heil Hitler salute that was performed and repeated for emphasis and clarity."
Another historian, Aaron Astor, also rebuffed accusations of Musk's Nazi emulation.
"I have criticised Elon Musk many times for letting neo-Nazis pollute this platform," he wrote on X, adding: "But this gesture is not a Nazi salute. This is a socially awkward autistic man's wave to the crowd where he says 'my heart goes out to you.'"
In 2021, Musk announced he had been diagnosed with Asperger's syndrome, a form of autism.
However, Musk has been making headlines lately for his support of parties on the far right of the political spectrum. He has made several statements in recent weeks in support of Germany's Alternative for Germany (AfD) party as well as the British anti-immigration party Reform UK.
The AfD is currently polling second in German election surveys (behind the conservative CDU/CSU bloc), mainstream parties in Germany refuse to work with the far right due to the country's history.
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What is the reaction from Germany?
Lots of Germans have been posting their thoughts on social media about it.
On the US Democratic party's official TikTok page where they showed a clip of Musk's speech with him making the gesture, one user commented: "As a German I'm horrified."
Another said: "I'm watching from Germany and this is crazy."
Elsewhere on social media, many people have been pointing out that giving a Nazi salute is illegal in Germany.
The swastika and other Nazi symbols are banned in Germany, and those caught breaking the law can be fined or face a jail term of up to three years.
READ ALSO: 10 surprising German laws foreigners need to know
People can also be found guilty of using symbols of unconstitutional organisations if they use the salute in public to attract attention and provoke - even if they have no political intentions.
There have been several cases of people being punished for using the salute. For instance, in 2018 a man was handed a suspended sentence of eight months by a court in the eastern city of Chemnitz for making the illegal gesture during far-right protests. The Chemnitz man was also fined €2,000.
Another man from the same demonstrations was given five months in jail after being found guilty of using the salute.
During heated anti-foreigner rallies in Chemnitz at the time, a handful of people were seen publicly making the illegal salute, while others were shouting anti-foreigner slurs.
There are some exceptions to these laws which include demonstrating the salute for the purposes of an artistic performance or for educational reasons.
The Hitlergruß is also banned in neighbouring Austria.
With reporting by AFP
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