• [ network ]
  • submatrix.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:1670
@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
    1238 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
    1882 views
    Thumbnail for DSP Tries It - Saving All YouTubers, One At a Time and Blaming the Detractors13:13
    DSP Tries It - Saving All YouTubers, One At a Time and Blaming the Detractors
    memology101
    1780 views
    Thumbnail for Why Ventura Residents Were Kept From Voting on Pension Reform in the Midterm Elections11:16
    Why Ventura Residents Were Kept From Voting on Pension Reform in the Midterm Elections
    ReasonVids
    1687 views
    Thumbnail for Roman Catholic Archdiocese of Newark v. Christie New Jersey Headstones15:24
    Roman Catholic Archdiocese of Newark v. Christie New Jersey Headstones
    IJvids
    1919 views
    Thumbnail for Microsoft accidentally told the truth about AI | Mo Bitar9:06
    Microsoft accidentally told the truth about AI | Mo Bitar
    Invidious8
    212 views
    Thumbnail for Comic-Con, Cosplay, and Self-Expression2:30
    Comic-Con, Cosplay, and Self-Expression
    ReasonVids2
    2259 views
    Thumbnail for Rep. Tom McClintock on the Contradictions of Green Policy9:06
    Rep. Tom McClintock on the Contradictions of Green Policy
    ReasonVids
    2059 views
    Thumbnail for #EnVivo | #LosPeriodistas | Sandra Cuevas encuera al PRIAN y a Monreal | SinEmbargo Al Aire2:31:08
    #EnVivo | #LosPeriodistas | Sandra Cuevas encuera al PRIAN y a Monreal | SinEmbargo Al Aire
    Invidious8
    162 views
    Thumbnail for This country is 17% fake | Jay and Mark14:31
    This country is 17% fake | Jay and Mark
    invidious3
    416 views
    Thumbnail for Israel releases photos of missiles in Lebanon homes | LiveNOW from FOX8:21
    Israel releases photos of missiles in Lebanon homes | LiveNOW from FOX
    invidious1
    644 views
    Thumbnail for CNN "News Coverage" From 1991 Gulf War - Raw Footage10:49
    CNN "News Coverage" From 1991 Gulf War - Raw Footage
    bestofupgoat
    635 views
    Thumbnail for All I said was nice outfit.. | Gemma Wren0:22
    All I said was nice outfit.. | Gemma Wren
    Invidious9
    182 views
    Thumbnail for Who is Mark Zuckerberg? @BiographyTimeline | Biography Timeline9:15
    Who is Mark Zuckerberg? @BiographyTimeline | Biography Timeline
    invidious1
    254 views
    Thumbnail for Unusual moment with Labuschange and Siraj #AUSvIND | cricket.com.au0:29
    Unusual moment with Labuschange and Siraj #AUSvIND | cricket.com.au
    Invidious8
    154 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
    2113 views
    Thumbnail for The Big Bailout5:16
    The Big Bailout
    ReasonVids3
    1731 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    579 views
    Thumbnail for Glenn Greenwald: Nothing Trump Did Compares to the 'Moral Evil' of Bush's and Obama's Wars1:15:44
    Glenn Greenwald: Nothing Trump Did Compares to the 'Moral Evil' of Bush's and Obama's Wars
    ReasonVids3
    1916 views
    Thumbnail for What is in store for LEAP zones in Honduras? Q&A with presidentail advisor Mark Klugman6:47
    What is in store for LEAP zones in Honduras? Q&A with presidentail advisor Mark Klugman
    ReasonVids2
    1983 views
    Thumbnail for Turning Japanese - Is the US Creating Its Own Lost Decade?3:38
    Turning Japanese - Is the US Creating Its Own Lost Decade?
    ReasonVids2
    1942 views
    Thumbnail for 【テグ編🩷成立カップル】「やっと報われた♡」今日好き史上最も甘々デレデレカップル誕生⁉︎恋人ができて挑戦したいことは…|『今日、カップルになりました。』ABEMAプレミアムで配信中 | ABEMA 今日、好きになりました。【公式】10:11
    【テグ編🩷成立カップル】「やっと報われた♡」今日好き史上最も甘々デレデレカップル誕生⁉︎恋人ができて挑戦したいことは…|『今日、カップルになりました。』ABEMAプレミアムで配信中 | ABEMA 今日、好きになりました。【公式】
    Invidious7
    211 views
    Thumbnail for Nanny of the Month (March 2011): Drug Warrior-in-Chief Barack Obama!1:44
    Nanny of the Month (March 2011): Drug Warrior-in-Chief Barack Obama!
    ReasonVids3
    2165 views
    Thumbnail for MY 2024 YEAR RECAP!! 🤩💖 #fypシ゚ #vlog #recap #trend #2024 #shorts #travel #friends #viral | JUSTJULES💖0:24
    MY 2024 YEAR RECAP!! 🤩💖 #fypシ゚ #vlog #recap #trend #2024 #shorts #travel #friends #viral | JUSTJULES💖
    Invidious8
    191 views
    Thumbnail for Protests outside a clinic vaccinating babies in NYC.1:21
    Protests outside a clinic vaccinating babies in NYC.
    bestofvoatxyz
    1082 views

points

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