It does apply, but it's unclear whether it leads to optimal outcomes. Germany has outlawed public displays of Nazi symbols; it doesn't have the problems of ove

It does apply, but it's unclear whether it leads to optimal outcomes. Germany has outlawed public displays of Nazi symbols; it doesn't have the problems of overt fascism that the US is currently struggling with. Perhaps it has merely replaced them with covert fascism, and perhaps this is merely correlation that doesn't imply causation. But I get the distinct impression that such is not actually the case; that legal disapproval of naziism in Germany re-enforces general disapproval. Plus, America's First Amendment doesn't uniformly guarantee freedom of speech. Hate speech, for example, and incitement to riot, are two categories that are generally not considered protected. I don't think flying a Nazi flag falls under either of those (though if one really squints hard, it could set a person up for much worse---the US negotiated a peace with Germany after World War II, but not with the Nazi party. One could make a claim that flying an enemy flag on American soil is tantamount to claiming that territory has been conquered, which opens the situation up to military intervention ;) ).