• [ 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:1427
@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
    Thumbnail for Michael Bloomberg and the Imperious Presidency4:31
    Michael Bloomberg and the Imperious Presidency
    ReasonVids
    1166 views
    Thumbnail for Economic Growth, Coherent Foreign Policy, Trust in Govt: What WON'T Be Settled Today3:57
    Economic Growth, Coherent Foreign Policy, Trust in Govt: What WON'T Be Settled Today
    ReasonVids
    1513 views
    Thumbnail for How To DRAW ANYTHING in Unity Tutorial | BMo9:23
    How To DRAW ANYTHING in Unity Tutorial | BMo
    Invidious8
    77 views
    Thumbnail for 【モンハンワイルズ】終了間近のイベクエ「哀愁と暴虐の白き獣」が護竜ドシャグマの金冠救済クエスト説ない?【モンスターハンターワイルズ  PC版 RTX5090】※ネタバレ注意 | 茶々茶(chachacha)2:51:27
    【モンハンワイルズ】終了間近のイベクエ「哀愁と暴虐の白き獣」が護竜ドシャグマの金冠救済クエスト説ない?【モンスターハンターワイルズ PC版 RTX5090】※ネタバレ注意 | 茶々茶(chachacha)
    invidious
    419 views
    Thumbnail for Oblivion NPC Dialogue - Khabib | Mackem Misfits0:34
    Oblivion NPC Dialogue - Khabib | Mackem Misfits
    invidious
    564 views
    Thumbnail for Rammstein - Made In Germany - Sonne (RMX BY CLAWFINGER) | Barcaseb104:54
    Rammstein - Made In Germany - Sonne (RMX BY CLAWFINGER) | Barcaseb10
    invidious
    578 views
    Thumbnail for 20 Games That Defined Windows 98 | applemctom1:54
    20 Games That Defined Windows 98 | applemctom
    invidious
    643 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    106 views
    Thumbnail for Pot Prevails: Rob Kampia Discusses Marijuana's Recent Political Triumphs5:14
    Pot Prevails: Rob Kampia Discusses Marijuana's Recent Political Triumphs
    ReasonVids
    1498 views
    Thumbnail for 越來越好玩?!中共黨報掛柯文哲賀聯 吳怡萱回嗆八炯獵巫 竟飆粗口 秀下限?選罷法闖關再交鋒 綠甲動堵門佈陣 徐巧芯口袋放無線電 陳玉珍穿彈性衣 !|有話鏡來講 20241213 | 有話鏡來講1:09:06
    越來越好玩?!中共黨報掛柯文哲賀聯 吳怡萱回嗆八炯獵巫 竟飆粗口 秀下限?選罷法闖關再交鋒 綠甲動堵門佈陣 徐巧芯口袋放無線電 陳玉珍穿彈性衣 !|有話鏡來講 20241213 | 有話鏡來講
    invidious
    418 views
    Thumbnail for NOVO TÉCNICO DO CORINTHIANS: TIMÃO SEGUE EM BUSCA DE NOVO TREINADOR | Meu Timão5:32:43
    NOVO TÉCNICO DO CORINTHIANS: TIMÃO SEGUE EM BUSCA DE NOVO TREINADOR | Meu Timão
    invidious
    389 views
    Thumbnail for RagaFinance《錢錢錢打到嚟2.0》20250325「歐洲市同港股好似、日股死唔死、美股反彈的理由、小米配股、比亞迪業績」主持:沈振盈(沈大師)、Casper | RagaFinance財經台1:10:06
    RagaFinance《錢錢錢打到嚟2.0》20250325「歐洲市同港股好似、日股死唔死、美股反彈的理由、小米配股、比亞迪業績」主持:沈振盈(沈大師)、Casper | RagaFinance財經台
    invidious
    503 views
    Thumbnail for So how does a PS/2 keyboard interface work? | Ben Eater33:07
    So how does a PS/2 keyboard interface work? | Ben Eater
    invidious
    532 views
    Thumbnail for Pinky as Obi Wan and Chris Griffin as Anakin | FunnyMemeSpot0:23
    Pinky as Obi Wan and Chris Griffin as Anakin | FunnyMemeSpot
    invidious1
    619 views
    Thumbnail for don’t forget to dry your oatmeal-osaurus rex too! #dogbath #funnydog #bathtime ​⁠@lolaviehaircare | Adria and Oatmeal1:00
    don’t forget to dry your oatmeal-osaurus rex too! #dogbath #funnydog #bathtime ​⁠@lolaviehaircare | Adria and Oatmeal
    invidious
    349 views
    Thumbnail for Angine de Poitrine - Full Performance (Live on KEXP) | KEXP27:53
    Angine de Poitrine - Full Performance (Live on KEXP) | KEXP
    Invidious7
    165 views
    Thumbnail for Do NOT Google search "Alex" right now. | Phoenix SC3:07
    Do NOT Google search "Alex" right now. | Phoenix SC
    invidious
    653 views
    Thumbnail for My Craziest Meal Ever... | More Nick0:30
    My Craziest Meal Ever... | More Nick
    Invidious8
    63 views
    Thumbnail for AI Is Now The Biggest Bet In Human History ⚡️ | Joe Scott34:26
    AI Is Now The Biggest Bet In Human History ⚡️ | Joe Scott
    invidious3
    232 views
    Thumbnail for The Wooden Mallard Prank - The Office US | The Office5:20
    The Wooden Mallard Prank - The Office US | The Office
    invidious
    663 views
    Thumbnail for Ring of Theseus? | Massoyan Jewelers1:00
    Ring of Theseus? | Massoyan Jewelers
    invidious1
    387 views
    Thumbnail for I busted 200 myths in GTA 5 | GrayStillPlays12:41
    I busted 200 myths in GTA 5 | GrayStillPlays
    Invidious8
    66 views
    Thumbnail for Electric Avenue | Skim King Jr.3:33
    Electric Avenue | Skim King Jr.
    Invidious8
    65 views
    Thumbnail for Media Manipulation and Unconventional Marketing: Author Ryan Holiday on "Trust Me I'm Lying"7:52
    Media Manipulation and Unconventional Marketing: Author Ryan Holiday on "Trust Me I'm Lying"
    ReasonVids2
    1411 views
    Thumbnail for Doctor Explains: epidural | Doctor Myro0:49
    Doctor Explains: epidural | Doctor Myro
    invidious
    410 views

points

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