• [ network ]
  • goatmatrix.net
  • gvid.tv
  • img.gvid.tv
  • games.gvid.tv
  • apps.gvid.tv
HomeUploadUpload URLHotlinkRandomAbouttheme toggle
Expand

Alexander Hamilton's Influence on Free Press Law: Free Speech Rules (Episode 10)

Views:1402
@ReasonVids3

No rules this time - Just a little history.

Alexander Hamilton was many things: aide to General George Washington, Secretary of the Treasury, Major General of the U.S. Army, lover, cheater, duelist, musical phenomenon. But few people know his immensely influential role in American free press law—just months before his fatal duel.

Today, we think of libel as defamatory falsehood: false written statements—especially lies, but sometimes honest mistakes—that injure a person's reputation. And we also think of libel as a civil claim; criminal libel prosecutions are very rare.

In 1700s England, though, criminal libel cases were common, and they covered many written statements that harmed a person's reputation even if they were true. Such statements were outlawed in part because they were seen as likely to produce duels. And, when said about government officials, such defamatory statements—again, even if true—were seen as undermining the government's authority. "The greater the truth, the greater the libel," some said.

American law was based on English law, so many Americans assumed American law would take the same view. In the famous colonial-era 1735 John Peter Zenger trial, the defense had argued that truth must be a defense in libel cases. But though the jury acquitted Zenger, such jury decisions set no legally binding precedent.

Enter Alexander Hamilton, in 1803. Thomas Jefferson was President; Hamilton was a prominent New York lawyer. When Harry Croswell, an anti-Jefferson newspaper editor, was prosecuted in New York state court for libeling Jefferson, Hamilton came to Croswell's defense.

Croswell's publication had alleged that Thomas Jefferson had paid another editor, James Callender, to make scurrilous accusations against Washington and Adams. This allegation of Croswell's injured Jefferson's reputation, the prosecution charged, thus making it a libel—without regard to whether it was true. And it also injured the nation, making it a so-called "seditious libel."

Croswell was convicted, after the trial judge instructed the jury that truth was not a defense in libel cases. Croswell appealed, and Hamilton, representing Croswell, argued that truth should have been a defense:

"The Liberty of the Press consists, in my idea, in publishing the truth, from good motives and for justifiable ends, though it reflect on government, on magistrates, or individuals.  It is essential to say, not only that the measure is bad and deleterious, but to hold up to the people who is the author, that, in this our free and elective government, he may be removed from the seat of power."

Today, that standard actually would diminish First Amendment protection. At least as to matters of public concern, the Court held in 1964, prosecutors must always prove an alleged libel was false, regardless of whether it was said "from good motives and for justifiable ends." But in 1803, Hamilton's position was a great step towards broader legal protection for criticism of government.

And Hamilton's position swept the nation. Not at first: The New York court split 2 to 2, thus leaving Croswell's conviction standing. But Justice James Kent, who would become one of the most influential judges and legal writers of the early 1800s, endorsed Hamilton's views in his opinion. In 1805, the New York Legislature enacted a statute implementing Hamilton's view that truth was always a defense when published "with good motives and for justifiable ends"—phrasing that Hamilton pioneered. In the decades after that, many state constitutions were framed precisely this way. To this day, 20 state constitutions contain Hamilton's formula.

Hamilton and Justice Kent had become close friends in the years before the Croswell case. While they were in Albany for the court sitting that included the Croswell argument, Hamilton, Kent and a few others had dinner together. Over dinner, Hamilton remarked that he thought Aaron Burr was dangerous and untrustworthy. Burr was at the time planning to run for governor of New York, though he ended up being beaten by Morgan Lewis, the trial judge in Croswell's case.

Another man at the dinner reported on these remarks, which were then referred to in an Albany newspaper. Burr demanded that they be retracted. Hamilton refused. Burr challenged Hamilton to a duel. And Hamilton didn't live to see his view of the freedom of the press become part of American law.
--
Written by Eugene Volokh, who is a First Amendment law professor at UCLA.
Produced and edited by Austin Bragg, who is not.
Additional graphics by Joshua Swain

This is the ninth episode of Free Speech Rules, a video series on free speech and the law. Volokh is the co-founder of The Volokh Conspiracy, hosted at Reason.com.

This is not legal advice.
If this were legal advice, it would be followed by a bill.
Please use responsibly.

Music:"Lobby Time," by Kevin MacLeod (Incompetech.com)
Licensed under Creative Commons: By Attribution 3.0 creativecommons.org/licenses/by/3.0/

libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
    Movie Night
    Thumbnail for Michael Bloomberg and the Imperious Presidency4:31
    Michael Bloomberg and the Imperious Presidency
    ReasonVids
    1158 views
    Thumbnail for Harbor Point and Baltimore's Taxpayer-Funded Edifice Complex6:09
    Harbor Point and Baltimore's Taxpayer-Funded Edifice Complex
    ReasonVids3
    1456 views
    Thumbnail for The Horizon Problem | The Universe's biggest UNSOLVED mystery | Dr. Becky13:35
    The Horizon Problem | The Universe's biggest UNSOLVED mystery | Dr. Becky
    invidious
    1077 views
    Thumbnail for "The Skeptical Environmentalist": A Conversation with John Tierney and Bjorn Lomborg27:03
    "The Skeptical Environmentalist": A Conversation with John Tierney and Bjorn Lomborg
    ReasonVids3
    1465 views
    Thumbnail for The Alphabet Song (The ABCs) in Lower-Case Letters0:49
    The Alphabet Song (The ABCs) in Lower-Case Letters
    invidious
    387 views
    Thumbnail for Will The Feds Ban Your Pain Meds?5:13
    Will The Feds Ban Your Pain Meds?
    ReasonVids3
    1415 views
    Thumbnail for Priest walks out on Jesse Lee Peterson interview after being asked if he "loves white people" | Albion Rising1:28
    Priest walks out on Jesse Lee Peterson interview after being asked if he "loves white people" | Albion Rising
    invidious1
    993 views
    Thumbnail for A.I. learns to play Zeepkist | Bluemax66610:03
    A.I. learns to play Zeepkist | Bluemax666
    Zeepkist.topic
    2213 views
    Thumbnail for 24/7 Relaxing Christmas Ambience🎅Instrumental Christmas background Music 🎁Christmas Carol Music 2024 | Soothing Christmas Music1:00
    24/7 Relaxing Christmas Ambience🎅Instrumental Christmas background Music 🎁Christmas Carol Music 2024 | Soothing Christmas Music
    invidious1
    1029 views
    Thumbnail for Before the Web: The 1980s Dream of a Free and Borderless Virtual World (Pt.1)11:27
    Before the Web: The 1980s Dream of a Free and Borderless Virtual World (Pt.1)
    ReasonVids3
    1613 views
    Thumbnail for I Put MULTIPLE HIDDEN Shortcut Routes In My Track! | Dapper10:47
    I Put MULTIPLE HIDDEN Shortcut Routes In My Track! | Dapper
    Invidious8
    84 views
    Thumbnail for Who's Joy?1:01
    Who's Joy?
    bestofupgoat
    462 views
    Thumbnail for iykyk #girlhood | Haley Kalil0:08
    iykyk #girlhood | Haley Kalil
    invidious
    473 views
    Thumbnail for Me trying to calm myself before I have a mental breakdown | FunnyMemeSpot0:13
    Me trying to calm myself before I have a mental breakdown | FunnyMemeSpot
    Invidious7
    484 views
    Thumbnail for Law for Non-Lawyers – Standards of Review36:29
    Law for Non-Lawyers – Standards of Review
    IJvids
    1571 views
    Thumbnail for Rep. Tom McClintock on the Contradictions of Green Policy9:06
    Rep. Tom McClintock on the Contradictions of Green Policy
    ReasonVids
    1658 views
    Thumbnail for SIGIL - E5M2: Sheol (Nightmare! 100% Secrets + Items) | decino4:58
    SIGIL - E5M2: Sheol (Nightmare! 100% Secrets + Items) | decino
    invidious
    194 views
    Thumbnail for Perfect Steak Au Poivre | Joshua Weissman0:30
    Perfect Steak Au Poivre | Joshua Weissman
    Invidious8
    67 views
    Thumbnail for NY Can’t Teach Kids to Read on $30,000 a Year3:19
    NY Can’t Teach Kids to Read on $30,000 a Year
    ReasonVids
    1561 views
    Thumbnail for Adding Sound Effects To The World Cup | Josh Harmon0:15
    Adding Sound Effects To The World Cup | Josh Harmon
    invidious1
    1011 views
    Thumbnail for Why Pretending All Cultures Are Equal Is Hurting Us | Matt Walsh20:35
    Why Pretending All Cultures Are Equal Is Hurting Us | Matt Walsh
    Invidious2
    303 views
    Thumbnail for Simulation of a voxel-based soft body0:53
    Simulation of a voxel-based soft body
    Invidious8
    60 views
    Thumbnail for Sh*t, I don't have the right gear to protect this climb (the "no fall" mindset") | Noah Kane0:43
    Sh*t, I don't have the right gear to protect this climb (the "no fall" mindset") | Noah Kane
    invidious1
    208 views
    Thumbnail for Montreal Student Riots, Quebec's Speech-Killing Bill 78, & Something Called the "Anarchopanda"10:31
    Montreal Student Riots, Quebec's Speech-Killing Bill 78, & Something Called the "Anarchopanda"
    ReasonVids
    1664 views
    Thumbnail for Ending the Classroom Factory Model: How Technology Will Personalize Education4:55
    Ending the Classroom Factory Model: How Technology Will Personalize Education
    ReasonVids
    1435 views

points

Permalink
Reply
libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle