phiwum
Penultimate Amazing
- Joined
- Aug 25, 2010
- Messages
- 13,590
It is not illegal to be a member of any organization, even a criminal organization, in the USA. There is no such thing as an "outlawed group" in the USA. It is perfectly legal to be a member of IS, the KKK, the Latin Kings, or a mafia group. The US Constitution guarantees freedom of association, to charge and convict a member of a criminal organization that specific person has to be tied to a specific criminal act.
Evidently, I was half-remembering this law, which forbids providing "material support or resources" to a designated terrorist organization.
Apparently, "material support" has been interpreted to include "expert advice" (see this site), which has been controversial, since it seems to criminalize certain kinds of speech. For instance,
This provision has already served as the basis for the prosecution of a college student for running a website that happened to have links to other websites which in turn featured speeches by Muslim sheikhs advocating violent jihad. The prosecution's theory was that the student was providing material support in the form of "expert advice or assistance" by running the website and linking it to such statements. On the government's view, it did not need to prove that the student intended to further violence of any kind by including these links on his website. [The student was acquitted.]
But, it's certainly not obvious that claiming "membership" in a terrorist group would violate this or any other law.
So, I think Wildcat is right on this point. You can't make the KKK "illegal" without violating rights of association, contrary to FoolMeWunz's suggestion.
Of course, I sure could be wrong, since I know little about the law.