united-states freedom-of-speech is-x-legal public-office
Is a Nazi party legal in the US?
<p>I read about the leading case <a href="https://en.wikipedia.org/wiki/National_Socialist_Party_of_America" rel="nofollow noreferrer">National Socialist Party of America v. Village of Skokie</a> and got curious about the legality of having a Nazi party in the US. The <a href="https://en.wikipedia.org/wiki/National_Socialist_Party_of_America" rel="nofollow noreferrer">Wikipedia article</a> on that party says it was dissolved in 1981, but it doesn't mention any aspects of its legality. There is <a href="https://en.wikipedia.org/wiki/Neo-Nazism#United_States" rel="nofollow noreferrer">another article</a> that shows there are multiple nazi-oriented parties in the US (implying they are indeed legal), but can they promote a candidate and hold, if elected, some public office?</p>
<p>I think this could be asked on <a href="https://politics.stackexchange.com/">Politics SE</a> as well. But I'm interested in the legal aspect.</p>

<p>Given the First Amendment, no matter how offensive you find the views of some ideology, that viewpoint can legally be expressed in the form of a political party.</p>

<p>To elaborate on <a href="https://law.stackexchange.com/a/77707/11306">user6726's answer</a>, no activities of a political party can be outlawed unless those activities would be illegal even without such membership; or unless those activities would be illegal even if the organization were not a political party.</p>
<p>What would be some examples of when such membership would be punishable by law?</p>
<p>So, for example, an &quot;American Nazi&quot; party would have been illegal during the period of WW2 (from the moment the war was declared until the surrender was signed) because of how <strong>treason</strong> is defined the US Constitution (article 3.3):</p>
<blockquote>
<p>Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.</p>
</blockquote>
<p>As another example, if any organization (including a political party) were to overtly adopt a platform inciting violence, its members could be reasonably suspected of inciting violence and its leadership would be guilty of inciting violence.</p>
<p>There are some laws which allow for <strong>&quot;hate speech&quot; &quot;enhancements&quot;</strong> to sentences.  Which means that if someone were to be found guilty of committing a violent crime, and it was shown that they engaged in hateful rhetoric, believed to be contributing to their motivation for that crime, then they would receive a harsher prison sentence.</p>
<p>If a &quot;Nazi&quot; party formally adopts a rhetorical platform, which a court agrees to view as hate speech, then a politician running on the platform of that party could potentially receive a harsher sentence if they are convicted of a violent crime or of inciting violence.  But such a criminal conviction would have to come first, before sentencing would be even considered.</p>
