• [ 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:1606
@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
    1222 views
    Thumbnail for free energy0:59
    free energy
    bestofupgoat
    775 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    451 views
    Thumbnail for Jew-Funded Antifags and BurnLootMurder Terrorist's Anti-White Hate Created The Real Life Joker - Gypsy Crusader12:14
    Jew-Funded Antifags and BurnLootMurder Terrorist's Anti-White Hate Created The Real Life Joker - Gypsy Crusader
    AOU
    1689 views
    Thumbnail for Auditing the Police - #SolutionsWatch34:26
    Auditing the Police - #SolutionsWatch
    corbettreport_uo
    1306 views
    Thumbnail for So yeahhh where do I get me one of these 0:20
    So yeahhh where do I get me one of these
    bestofupgoat
    252 views
    Thumbnail for Dear Ladies: Beware of Downlow Dan | Popp Culture24:34
    Dear Ladies: Beware of Downlow Dan | Popp Culture
    Terrence Popp
    870 views
    Thumbnail for It reminds me that it's not so bad0:27
    It reminds me that it's not so bad
    poalcatbox
    1001 views
    Thumbnail for Fat naked sheboon attacks KFC0:33
    Fat naked sheboon attacks KFC
    AOU
    6049 views
    Thumbnail for These are the people in control of the Western World6:20
    These are the people in control of the Western World
    bestofpoal
    963 views
    Thumbnail for When Your Soul Leaves Your Body...0:09
    When Your Soul Leaves Your Body...
    AOU
    2751 views
    Thumbnail for Crazy Cougar Catches Coom From 8 Dudes in One Year | Ride and Roast32:41
    Crazy Cougar Catches Coom From 8 Dudes in One Year | Ride and Roast
    Terrence Popp
    1149 views
    Thumbnail for Turkish government official passed on this video, purportedly taken this morning at 0730, allegedly showing Greek Coast Guard menacing Welfare Freeloader Muslims off the coast of Lesbos1:49
    Turkish government official passed on this video, purportedly taken this morning at 0730, allegedly showing Greek Coast Guard menacing Welfare Freeloader Muslims off the coast of Lesbos
    AOU
    2544 views
    Thumbnail for "White Men Stole It All"5:37
    "White Men Stole It All"
    AmericanRenaissance
    1809 views
    Thumbnail for Tits Out Ep.2 Sara Underwood Part 2 | TheKustomCinema1:10
    Tits Out Ep.2 Sara Underwood Part 2 | TheKustomCinema
    invidious1
    201 views
    Thumbnail for Jenny - Flight Of The Conchords | Flight of the Conchords7:15
    Jenny - Flight Of The Conchords | Flight of the Conchords
    Invidious7
    384 views
    Thumbnail for How to create STENCILS to paint your scale model markings - plastic model building tutorial | MM Scale Models5:50
    How to create STENCILS to paint your scale model markings - plastic model building tutorial | MM Scale Models
    Invidious8
    118 views
    Thumbnail for 6 MIN Upper Body Workout | Shoulder Chest Back Arm and Ab Exercises \ No equipment | Mila Keeper6:51
    6 MIN Upper Body Workout | Shoulder Chest Back Arm and Ab Exercises \ No equipment | Mila Keeper
    Invidious8
    142 views
    Thumbnail for Amateur Beats Gov't at Digitizing Newspapers: Tom Tryniski's Weird, Wonderful Website4:48
    Amateur Beats Gov't at Digitizing Newspapers: Tom Tryniski's Weird, Wonderful Website
    ReasonVids
    1263 views
    Thumbnail for Vibrant doctor engineer tries to kick in door for bobs and vagene3:13
    Vibrant doctor engineer tries to kick in door for bobs and vagene
    bestofvoatxyz
    880 views
    Thumbnail for Reinforcement Learning with Human Feedback (RLHF), Clearly Explained!!! | StatQuest with Josh Starmer18:02
    Reinforcement Learning with Human Feedback (RLHF), Clearly Explained!!! | StatQuest with Josh Starmer
    Invidious7
    243 views

points

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