Why aren't hate groups banned in the US? Because the Holocaust didn't happen here. (But what does one call the slave trade and 'Indian removal'?
Hate Groups are not banned in the US, because the constitutional structure of the United States disallowed government interference of 1st Amendment speech. The 13th, 14th and 15th Amendment created inalienable freedoms to all people and did not necessitate an overhaul of the document. Concepts of Hate Speech and Groups did not exist in the late 1800s, and the Union amendment-drafters would not have voted on such limitations. They miscalculated the confederate individuals that would use the government structures to put limitations on Civil Rights.
Germany has a Hate Group ban, because they had an extremely poor constitutional structure that allowed the disintegration of checks and balances on power, allowing the government to interfere with freedom of speech and expression. Article 48 of the Weimer Constitution provided Hitler unlimited power, and consequently, the Weimer Constitution was replaced by the 1949 Constitution. There are still problems with Germany's constitutional principles, but intense world scrutiny has imposed upon the German Government a careful adherence of the equal protection principles covered by the Eternity Clause.