• [ 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:1351
@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
    1136 views
    Thumbnail for Child Bankrupts Make-A-Wish Foundation2:25
    Child Bankrupts Make-A-Wish Foundation
    Invidious8
    42 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 Negro Stole My Friend’s Bike In Broad Daylight0:29
    Negro Stole My Friend’s Bike In Broad Daylight
    bestofupgoat
    652 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
    1223 views
    Thumbnail for James Payne on Six Political Illusions4:39
    James Payne on Six Political Illusions
    ReasonVids2
    1416 views
    Thumbnail for Does it Take a Hurricane to Reform the Schools? Q&A with Louisiana Schools' Chief Paul Pastorek2:04
    Does it Take a Hurricane to Reform the Schools? Q&A with Louisiana Schools' Chief Paul Pastorek
    ReasonVids2
    1514 views
    Thumbnail for Comic-Con, Cosplay, and Self-Expression2:30
    Comic-Con, Cosplay, and Self-Expression
    ReasonVids2
    1728 views
    Thumbnail for ESP32: Blink the LED (ESP32 + Arduino series) | Simply Explained5:29
    ESP32: Blink the LED (ESP32 + Arduino series) | Simply Explained
    Invidious8
    42 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
    40 views
    Thumbnail for been there. done that1:15
    been there. done that
    bestofupgoat
    493 views
    Thumbnail for Youtube News Highlights - 15/02/2024 | Al Jazeera English0:31
    Youtube News Highlights - 15/02/2024 | Al Jazeera English
    invidious
    961 views
    Thumbnail for Senator Kennedy Interviews Climate Expert6:20
    Senator Kennedy Interviews Climate Expert
    bestofupgoat
    340 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
    1490 views
    Thumbnail for DIY Biohacking Can Change The World, If the Government Allows It11:08
    DIY Biohacking Can Change The World, If the Government Allows It
    ReasonVids
    1608 views
    Thumbnail for Poor Henry, he's been Okeefe'd0:59
    Poor Henry, he's been Okeefe'd
    bestofupgoat
    362 views
    Thumbnail for Raga Finance:經濟佬看世界: 經濟佬看 AI 時代,還要經濟學嗎? - 主持:羅家聰 KC 博士、阿Vin、馮智政 | RagaFinance財經台59:28
    Raga Finance:經濟佬看世界: 經濟佬看 AI 時代,還要經濟學嗎? - 主持:羅家聰 KC 博士、阿Vin、馮智政 | RagaFinance財經台
    invidious1
    406 views
    Thumbnail for Chen Tries Powerball | Primantiss1:49
    Chen Tries Powerball | Primantiss
    invidious
    1065 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
    76 views
    Thumbnail for Matt Welch: Which McCain Is Showing Up at the RNC?2:17
    Matt Welch: Which McCain Is Showing Up at the RNC?
    ReasonVids2
    1554 views
    Thumbnail for This is what's really going on with alternative media...1:19:53
    This is what's really going on with alternative media...
    AOUisgay
    496 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
    49 views

points

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