• [ 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:1453
@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
    1172 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
    909 views
    Thumbnail for Scotland's INSANE Self Defense Laws | PKA14:26
    Scotland's INSANE Self Defense Laws | PKA
    Invidious8
    83 views
    Thumbnail for Adding Sound Effects To The World Cup | Josh Harmon0:15
    Adding Sound Effects To The World Cup | Josh Harmon
    invidious1
    1076 views
    Thumbnail for NRFM VIBES 🔥 #shorts #shortvideo #shortsfeed #trending #funny #dance #vibes #family #dancevideo | NRFM-VLOGS0:22
    NRFM VIBES 🔥 #shorts #shortvideo #shortsfeed #trending #funny #dance #vibes #family #dancevideo | NRFM-VLOGS
    invidious
    1045 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    142 views
    Thumbnail for This City Thinks Monopolies are Great1:37
    This City Thinks Monopolies are Great
    IJvids
    1663 views
    Thumbnail for Law for Non-Lawyers – Standards of Review36:29
    Law for Non-Lawyers – Standards of Review
    IJvids
    1615 views
    Thumbnail for The Scientific Shape of Bubbles (and Raindrops) | Combo Class8:48
    The Scientific Shape of Bubbles (and Raindrops) | Combo Class
    invidious1
    1077 views
    Thumbnail for (((Claudia Sheinbaum))) sworn in as Mexico’s first female president. I'm sure all the jewish drug cartels are very happy about this. If you think invader and drug runner problems were bad before, you've seen nothing yet oy vey1:00
    (((Claudia Sheinbaum))) sworn in as Mexico’s first female president. I'm sure all the jewish drug cartels are very happy about this. If you think invader and drug runner problems were bad before, you've seen nothing yet oy vey
    bestofupgoat
    997 views
    Thumbnail for INJUSTICE 2 Walkthrough Gameplay Part 17 - Blue Beetle (Story Mode) | theRadBrad14:07
    INJUSTICE 2 Walkthrough Gameplay Part 17 - Blue Beetle (Story Mode) | theRadBrad
    invidious
    1087 views
    Thumbnail for Chess But I Can't Move Pawns | Chess Vibes29:30
    Chess But I Can't Move Pawns | Chess Vibes
    Invidious8
    85 views
    Thumbnail for Death to waifu1:06
    Death to waifu
    Lilchowmein
    4571 views
    Thumbnail for Zigzag - An Actual Short0:30
    Zigzag - An Actual Short
    Invidious8
    74 views
    Thumbnail for Brooks Falls - Katmai National Park, Alaska 2023 powered by EXPLORE.org | Explore Live Nature Cams1:00
    Brooks Falls - Katmai National Park, Alaska 2023 powered by EXPLORE.org | Explore Live Nature Cams
    Invidious8
    67 views
    Thumbnail for Nightly News Full Broadcast - Dec. 9 | NBC News19:20
    Nightly News Full Broadcast - Dec. 9 | NBC News
    Invidious8
    455 views
    Thumbnail for Upgoat is on the case!1:15
    Upgoat is on the case!
    bestofupgoat
    409 views
    Thumbnail for Korean style corn dog @blakemenard #shorts | Guma Cook0:38
    Korean style corn dog @blakemenard #shorts | Guma Cook
    Invidious9
    392 views
    Thumbnail for How to Use TaiJi (Tai Chi) For Push Hand | Genius Asian24:37
    How to Use TaiJi (Tai Chi) For Push Hand | Genius Asian
    Invidious7
    1202 views
    Thumbnail for Injustice Gods Among Us Gameplay Walkthrough Part 5 - Green Arrow - Chapter 511:12
    Injustice Gods Among Us Gameplay Walkthrough Part 5 - Green Arrow - Chapter 5
    Invidious8
    56 views
    Thumbnail for Fighting for Jeffrey0:59
    Fighting for Jeffrey
    bestofupgoat
    145 views
    Thumbnail for ARE NPCS SMART ENOUGH NOT TO FALL IN GTA GAMES | Mr Spring0:37
    ARE NPCS SMART ENOUGH NOT TO FALL IN GTA GAMES | Mr Spring
    Invidious8
    67 views
    Thumbnail for It's so sad that Steve Jobs died of Ligma | Jehtt0:12
    It's so sad that Steve Jobs died of Ligma | Jehtt
    Invidious8
    72 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
    1750 views
    Thumbnail for would you eat this? #shorts | Zach Choi ASMR0:27
    would you eat this? #shorts | Zach Choi ASMR
    invidious
    749 views

points

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