• [ 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:1635
@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
    1227 views
    Thumbnail for Doom II: Sunlust - MAP30: God Machine (Ultra-Violence 100%) | decino53:13
    Doom II: Sunlust - MAP30: God Machine (Ultra-Violence 100%) | decino
    doom.topic
    1297 views
    Thumbnail for Elon Musk on war with China | Lex Fridman Podcast Clips | Lex Clips14:38
    Elon Musk on war with China | Lex Fridman Podcast Clips | Lex Clips
    Invidious8
    124 views
    Thumbnail for JUST CHATTING // ANIME CONVENTIONS | Pipkin Pippa Ch.【Phase Connect】3:15:48
    JUST CHATTING // ANIME CONVENTIONS | Pipkin Pippa Ch.【Phase Connect】
    invidious1
    1188 views
    Thumbnail for Is The "Fizz-Keeper" a Scam? | The Action Lab7:20
    Is The "Fizz-Keeper" a Scam? | The Action Lab
    Invidious8
    153 views
    Thumbnail for How To Share the Restroom with a Trans Person0:27
    How To Share the Restroom with a Trans Person
    ReasonVids3
    1917 views
    Thumbnail for Manchild Piggino - UNITED STATES OF PHIL0:24
    Manchild Piggino - UNITED STATES OF PHIL
    memology101
    2259 views
    Thumbnail for Rep. Tom McClintock on the Contradictions of Green Policy9:06
    Rep. Tom McClintock on the Contradictions of Green Policy
    ReasonVids
    2007 views
    Thumbnail for Remy: Raise the Debt Ceiling Rap (Again)2:14
    Remy: Raise the Debt Ceiling Rap (Again)
    ReasonVids
    1543 views
    Thumbnail for (OLD, CHECK DESC) Intelligent NPC AI in Doom | inkoalawetrust26:12
    (OLD, CHECK DESC) Intelligent NPC AI in Doom | inkoalawetrust
    Invidious8
    169 views
    Thumbnail for Is the GOP Wooing Libertarians?1:43
    Is the GOP Wooing Libertarians?
    ReasonVids3
    1986 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
    1889 views
    Thumbnail for NY Can’t Teach Kids to Read on $30,000 a Year3:19
    NY Can’t Teach Kids to Read on $30,000 a Year
    ReasonVids
    1908 views
    Thumbnail for Dangus in the morning0:14
    Dangus in the morning
    bestofupgoat
    574 views
    Thumbnail for Why U.S. Health Care Costs More Than Canada's: "A Mercedes Costs More than a Corolla"3:22
    Why U.S. Health Care Costs More Than Canada's: "A Mercedes Costs More than a Corolla"
    ReasonVids2
    1724 views
    Thumbnail for Can You Cross Cayo Perico Island With A Random Effect Every 100 Metres?! | DarkViperAU1:22:15
    Can You Cross Cayo Perico Island With A Random Effect Every 100 Metres?! | DarkViperAU
    Invidious9
    482 views
    Thumbnail for Bahut Thand hain 😂 #rajjufam #youtubeshorts #love #funny #comedy #shorts #ytshorts | Chotanawab0:43
    Bahut Thand hain 😂 #rajjufam #youtubeshorts #love #funny #comedy #shorts #ytshorts | Chotanawab
    Invidious8
    490 views
    Thumbnail for New Yorkers Sound Off on Bloomberg's Drink Ban2:08
    New Yorkers Sound Off on Bloomberg's Drink Ban
    ReasonVids2
    1321 views
    Thumbnail for How dumb must you be to fall for this?0:28
    How dumb must you be to fall for this?
    AOUisgay
    900 views
    Thumbnail for Stream restarted, new link in description. | Odd Eagle1:00
    Stream restarted, new link in description. | Odd Eagle
    Invidious8
    112 views
    Thumbnail for StableLM: How Could Stability AI Release This?! I'm SHOCKED! | Aitrepreneur11:25
    StableLM: How Could Stability AI Release This?! I'm SHOCKED! | Aitrepreneur
    Invidious7
    1557 views
    Thumbnail for DIY EASY cute pen holder 🌈 | Tuta Cute Art0:16
    DIY EASY cute pen holder 🌈 | Tuta Cute Art
    invidious1
    509 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    511 views
    Thumbnail for Holly Humberstone - Fake Plastic Trees (Radiohead Cover) | Holly Humberstone4:31
    Holly Humberstone - Fake Plastic Trees (Radiohead Cover) | Holly Humberstone
    Invidious2
    312 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
    629 views

points

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