• [ 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:1340
@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
    1134 views
    Thumbnail for Poor Henry, he's been Okeefe'd0:59
    Poor Henry, he's been Okeefe'd
    bestofupgoat
    356 views
    Thumbnail for been there. done that1:15
    been there. done that
    bestofupgoat
    488 views
    Thumbnail for Resenha Semanal 27/10/2024 | Eleições 2024 - Partidos da Oposição Protestam resultados da CNE | MIRAMAR53:04
    Resenha Semanal 27/10/2024 | Eleições 2024 - Partidos da Oposição Protestam resultados da CNE | MIRAMAR
    Invidious8
    45 views
    Thumbnail for Reactions to Sen. Rand Paul's Speech at Howard University2:56
    Reactions to Sen. Rand Paul's Speech at Howard University
    ReasonVids3
    1221 views
    Thumbnail for Oscars 2026: Paul Thomas Anderson wins best director award for 'One Battle After Another' | ABC News3:13
    Oscars 2026: Paul Thomas Anderson wins best director award for 'One Battle After Another' | ABC News
    Invidious7
    128 views
    Thumbnail for David Irving: Churchill was a Drunken Bum, an Homicidal Maniacal Zionist Shill17:09
    David Irving: Churchill was a Drunken Bum, an Homicidal Maniacal Zionist Shill
    AOUisgay
    700 views
    Thumbnail for Comic-Con, Cosplay, and Self-Expression2:30
    Comic-Con, Cosplay, and Self-Expression
    ReasonVids2
    1714 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
    1046 views
    Thumbnail for Should Third-Party Candidates Be in the Debates? We Asked Democrats1:55
    Should Third-Party Candidates Be in the Debates? We Asked Democrats
    ReasonVids
    1361 views
    Thumbnail for Zach Wahls, His Two Moms, & The Future of Same-Sex Marriage7:21
    Zach Wahls, His Two Moms, & The Future of Same-Sex Marriage
    ReasonVids3
    1648 views
    Thumbnail for Two girls one room | BulletBender6661:04
    Two girls one room | BulletBender666
    Invidious8
    59 views
    Thumbnail for Chen Tries Powerball | Primantiss1:49
    Chen Tries Powerball | Primantiss
    invidious
    1051 views
    Thumbnail for Vernon Smith and Steve Gjerstad on Housing and the Never-Ending Recession35:48
    Vernon Smith and Steve Gjerstad on Housing and the Never-Ending Recession
    ReasonVids3
    1475 views
    Thumbnail for James Payne on Six Political Illusions4:39
    James Payne on Six Political Illusions
    ReasonVids2
    1401 views
    Thumbnail for No one should need a college degree to work in a day care1:12
    No one should need a college degree to work in a day care
    IJvids
    1216 views
    Thumbnail for Unions Lost a Major Battle in Their War on the Gig Economy4:30
    Unions Lost a Major Battle in Their War on the Gig Economy
    ReasonVids
    1473 views
    Thumbnail for What role do you see for the Libertarian Party?3:05
    What role do you see for the Libertarian Party?
    ReasonVids2
    1504 views
    Thumbnail for Balaji Srinivasan: Coronavirus Will Shape This Decade Like 9/11 Shaped the 2000s52:19
    Balaji Srinivasan: Coronavirus Will Shape This Decade Like 9/11 Shaped the 2000s
    ReasonVids3
    1194 views
    Thumbnail for I spent $1,000 to break GTA 5's physics | GrayStillPlays15:31
    I spent $1,000 to break GTA 5's physics | GrayStillPlays
    Invidious8
    42 views
    Thumbnail for Jennifer Garner tries her first ever Yorkshire Pudding | Dish Podcast0:58
    Jennifer Garner tries her first ever Yorkshire Pudding | Dish Podcast
    Invidious8
    72 views
    Thumbnail for Can you answer the ‘water bucket’ question? 🪣 #shorts | Max Klymenko0:53
    Can you answer the ‘water bucket’ question? 🪣 #shorts | Max Klymenko
    Invidious8
    39 views
    Thumbnail for "I'm sorry sir but it's 6:30 in the morning and the liquor store doesn't open for another half-hour” | FunnyMemeSpot Backup0:23
    "I'm sorry sir but it's 6:30 in the morning and the liquor store doesn't open for another half-hour” | FunnyMemeSpot Backup
    invidious3
    155 views
    Thumbnail for Microsoft Is Decrypting Your Files in The Cloud | Mental Outlaw8:14
    Microsoft Is Decrypting Your Files in The Cloud | Mental Outlaw
    Invidious8
    38 views

points

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