• [ 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:1278
@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
    1110 views
    Thumbnail for So beautiful police woman in the Czech Republic❤️🇨🇿#police #streetphotography | Printographer10:25
    So beautiful police woman in the Czech Republic❤️🇨🇿#police #streetphotography | Printographer1
    invidious
    406 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
    345 views
    Thumbnail for New study finds that epigenetics can be passed down to offspring via mRNA. 1:57
    New study finds that epigenetics can be passed down to offspring via mRNA.
    bestofupgoat
    459 views
    Thumbnail for Halo 2 Classic - Team Slayer - Lockout (XBOX ONE) | Mystical Gaming6:47
    Halo 2 Classic - Team Slayer - Lockout (XBOX ONE) | Mystical Gaming
    invidious
    702 views
    Thumbnail for Experienced C++ Developers Tell the Truth in 2021 | Stefan Mischook12:10
    Experienced C++ Developers Tell the Truth in 2021 | Stefan Mischook
    Invidious8
    22 views
    Thumbnail for Cat Leg | KLR Productions0:06
    Cat Leg | KLR Productions
    Invidious8
    17 views
    Thumbnail for my *huge* updated leotard collection! | dancingwithmackenzie22:52
    my *huge* updated leotard collection! | dancingwithmackenzie
    Invidious8
    38 views
    Thumbnail for Nigerian paratroopers in non-steerable parachutes.  Fucking kek.1:01
    Nigerian paratroopers in non-steerable parachutes. Fucking kek.
    bestofupgoat
    396 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
    25 views
    Thumbnail for 8 Secrets To An 8 Figure Business Without Spending Money On Ads | Myron Golden1:11:05
    8 Secrets To An 8 Figure Business Without Spending Money On Ads | Myron Golden
    invidious1
    365 views
    Thumbnail for Kids going thru hrt while in their teens must feel like they're in an alien body, mind & all..1:16
    Kids going thru hrt while in their teens must feel like they're in an alien body, mind & all..
    bestofupgoat
    627 views
    Thumbnail for TOOL - Rosetta Stoned11:12
    TOOL - Rosetta Stoned
    music.topic
    285 views
    Thumbnail for The Scientific Shape of Bubbles (and Raindrops) | Combo Class8:48
    The Scientific Shape of Bubbles (and Raindrops) | Combo Class
    invidious1
    922 views
    Thumbnail for Australia's Insane Social Media Ban | ColdFusion14:44
    Australia's Insane Social Media Ban | ColdFusion
    invidious
    743 views
    Thumbnail for Advertise Your Legal Product.  Get Thrown in Jail2:35
    Advertise Your Legal Product. Get Thrown in Jail
    IJvids
    1452 views
    Thumbnail for Offline🔴24/7 Cat TV for Cats to Watch 😺 Little Birds and Red Squirrels on a Sunny Winter Day (4K) | Red Squirrel Studios1:00
    Offline🔴24/7 Cat TV for Cats to Watch 😺 Little Birds and Red Squirrels on a Sunny Winter Day (4K) | Red Squirrel Studios
    invidious
    750 views
    Thumbnail for 【中天直播#LIVE】大S回家了! 具俊曄包機護送 傳骨灰暫厝住家 汪小菲駕1680萬超跑 直奔大S豪宅弔唁 不斷更新 20250205 @中天新聞CtiNews | 中天電視4:58:56
    【中天直播#LIVE】大S回家了! 具俊曄包機護送 傳骨灰暫厝住家 汪小菲駕1680萬超跑 直奔大S豪宅弔唁 不斷更新 20250205 @中天新聞CtiNews | 中天電視
    invidious
    335 views
    Thumbnail for ข่าวเป็นข่าว | 03 กุมภาพันธ์ 2568 | FULL | TOP NEWS1:53:15
    ข่าวเป็นข่าว | 03 กุมภาพันธ์ 2568 | FULL | TOP NEWS
    Invidious8
    18 views
    Thumbnail for BEKO - Harem Oyuni Alnoom (Official Music Video) | بيكو - حارم عيوني النوم | Beko Music3:13
    BEKO - Harem Oyuni Alnoom (Official Music Video) | بيكو - حارم عيوني النوم | Beko Music
    Invidious8
    23 views
    Thumbnail for Button Without a Button? Try This Knot Instead | Tangle Trix 0:55
    Button Without a Button? Try This Knot Instead | Tangle Trix
    Invidious8
    23 views
    Thumbnail for Soyboy final boss 0:08
    Soyboy final boss
    voatcatbox
    550 views
    Thumbnail for Milla Jovovich made an AI memory tool…..it’s pretty good | NetworkChuck2:59
    Milla Jovovich made an AI memory tool…..it’s pretty good | NetworkChuck
    Invidious8
    46 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
    22 views
    Thumbnail for Fifty Shades of Comey3:02
    Fifty Shades of Comey
    ReasonVids
    1211 views

points

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