Article VI of the US Constitution makes treaties the United States signs and ratifies the supreme law of the land. The United States has signed and ratified the International Covenant on Civil and Political Rights, Article 20 of which reads:
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
But the United States has ratified that with this reservation:
“(1) That article 20 does not authorize or require legislation or other action by the United States that would restrict the right of free speech and association protected by the Constitution and laws of the United States.”
So, in a sane world in which freedom of speech had not already been stretched to include the bribery of elected officials, there would be a serious question to place before our courts, or our legislature, or — better — our people: Does the First Amendment protect this?
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