• [ 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:1263
@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
    1108 views
    Thumbnail for DZIKIR SORE / MALAM di HARI RABU MALAM KAMIS l Doa Pembuka Rezeki dari Segala Penjuru | Lafadz Doa4:16:31
    DZIKIR SORE / MALAM di HARI RABU MALAM KAMIS l Doa Pembuka Rezeki dari Segala Penjuru | Lafadz Doa
    Invidious8
    24 views
    Thumbnail for Be with You Tonight (feat. Will Sly)3:17
    Be with You Tonight (feat. Will Sly)
    Darude.topic
    249 views
    Thumbnail for Soyboy final boss 0:08
    Soyboy final boss
    voatcatbox
    548 views
    Thumbnail for Advertise Your Legal Product.  Get Thrown in Jail2:35
    Advertise Your Legal Product. Get Thrown in Jail
    IJvids
    1440 views
    Thumbnail for Texas Schools Track Students with RFID Chips! (Nanny of the Month, Nov '12)1:19
    Texas Schools Track Students with RFID Chips! (Nanny of the Month, Nov '12)
    ReasonVids
    1283 views
    Thumbnail for Mortal Kombat X Walkthrough Gameplay Part 13 - Takeda - Story Mission 7 (MKX) | theRadBrad12:05
    Mortal Kombat X Walkthrough Gameplay Part 13 - Takeda - Story Mission 7 (MKX) | theRadBrad
    invidious
    878 views
    Thumbnail for Halo 2 Classic - Team Slayer - Ascension (XBOX ONE) | Mystical Gaming7:31
    Halo 2 Classic - Team Slayer - Ascension (XBOX ONE) | Mystical Gaming
    Invidious8
    838 views
    Thumbnail for Happy Halloween! || Fan Projects, Minecraft | Pipkin Pippa Ch.【Phase Connect】3:52:25
    Happy Halloween! || Fan Projects, Minecraft | Pipkin Pippa Ch.【Phase Connect】
    invidious1
    489 views
    Thumbnail for thats a good girl!0:18
    thats a good girl!
    bestofupgoat
    424 views
    Thumbnail for JUST IN: Elon Musk Asked Point Blank About Report He Intends To Donate $45 Million A Month To Trump | Forbes Breaking News1:26
    JUST IN: Elon Musk Asked Point Blank About Report He Intends To Donate $45 Million A Month To Trump | Forbes Breaking News
    invidious1
    665 views
    Thumbnail for Twinkle Twinkle Little Star | Nursery Rhymes for Kids | Super Simple Songs2:34
    Twinkle Twinkle Little Star | Nursery Rhymes for Kids | Super Simple Songs
    kids.topic
    406 views
    Thumbnail for USA IS FUCKED INSHALLAH!!!!0:34
    USA IS FUCKED INSHALLAH!!!!
    bestofupgoat
    130 views
    Thumbnail for To Catch a President: Joe Biden on to Catch a Predator | Power Tie0:44
    To Catch a President: Joe Biden on to Catch a Predator | Power Tie
    Invidious8
    21 views
    Thumbnail for Fifty Shades of Comey3:02
    Fifty Shades of Comey
    ReasonVids
    1200 views
    Thumbnail for Freeing Small Farms: Institute for Justice & Minnesota Farmers Fight Protectionism2:49
    Freeing Small Farms: Institute for Justice & Minnesota Farmers Fight Protectionism
    IJvids
    1535 views
    Thumbnail for 9/11's Lesson: War Doesn’t Work58:07
    9/11's Lesson: War Doesn’t Work
    ReasonVids
    1415 views
    Thumbnail for 'March Against Monsanto' Anti-GMO Protest in Los Angeles5:03
    'March Against Monsanto' Anti-GMO Protest in Los Angeles
    ReasonVids2
    1360 views
    Thumbnail for The Scientific Shape of Bubbles (and Raindrops) | Combo Class8:48
    The Scientific Shape of Bubbles (and Raindrops) | Combo Class
    invidious1
    894 views
    Thumbnail for Ok, NOW A.I. is Scaring Me | TechLinked8:43
    Ok, NOW A.I. is Scaring Me | TechLinked
    Invidious8
    19 views
    Thumbnail for Sanctions Hit Linux Kernel, Russian Programmers Banned | The Lunduke Journal16:41
    Sanctions Hit Linux Kernel, Russian Programmers Banned | The Lunduke Journal
    Invidious8
    17 views
    Thumbnail for TOOL - Rosetta Stoned11:12
    TOOL - Rosetta Stoned
    music.topic
    282 views
    Thumbnail for From Rock Bottom to Rebuilt: How League of Legends' Greatest Team Bounced Back | theScore esports15:26
    From Rock Bottom to Rebuilt: How League of Legends' Greatest Team Bounced Back | theScore esports
    invidious1
    743 views
    Thumbnail for 溫朗東明提告傅崐萁!稱戰天下「一切依法」事實上恐涉犯多法?大罷免起風了!藍委滿意度跌新低 急拋普發1萬救火?簡舒培:把人民當笨蛋|許貴雅主持|【新台灣加油 PART2】20250213|三立新聞台 | 新台灣加油1:05:59
    溫朗東明提告傅崐萁!稱戰天下「一切依法」事實上恐涉犯多法?大罷免起風了!藍委滿意度跌新低 急拋普發1萬救火?簡舒培:把人民當笨蛋|許貴雅主持|【新台灣加油 PART2】20250213|三立新聞台 | 新台灣加油
    Invidious8
    20 views
    Thumbnail for New Orleans Judge's Orders Benefited a Private Company1:12
    New Orleans Judge's Orders Benefited a Private Company
    IJvids
    1441 views

points

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