Sure, but having it declared illegal would definitely restrict the growth potential of the currency. At the moment its proponents envision/fantasize about it becoming huge and general-purpose, with a presence in the physical world (see bitpay etc). If a large nation like the US were to declare it illegal would certainly put a dent in that.
I disagree with a lot about BTC, in terms of the economic choices made in its model rather than the technical ones, but I find it continually fascinating to watch it as a phenomenon.