What Happens When the First Amendment Meets Criminalization of Speech?

Ted Bromund / April 22, 2009

As we pointed out on Monday, State Department Legal Advisor nominee Harold Koh’s praise for the “Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials” is misguided in several respects. One of these is that the Convention requires all signatories to criminalize the “counseling” of the commission of the illicit manufacturing of, or trafficking in, firearms.

What would happen if the Senate ratified the Treaty – which President Clinton signed in 1998, and which the U.S. already abides by spirit – without making a reservation against this clause? (more…)