• [ 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:1343
@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
    1135 views
    Thumbnail for Senator Kennedy Interviews Climate Expert6:20
    Senator Kennedy Interviews Climate Expert
    bestofupgoat
    338 views
    Thumbnail for Poor Henry, he's been Okeefe'd0:59
    Poor Henry, he's been Okeefe'd
    bestofupgoat
    358 views
    Thumbnail for Negro Stole My Friend’s Bike In Broad Daylight0:29
    Negro Stole My Friend’s Bike In Broad Daylight
    bestofupgoat
    648 views
    Thumbnail for been there. done that1:15
    been there. done that
    bestofupgoat
    491 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
    703 views
    Thumbnail for Kru Paul Miller crushing nigs1:21
    Kru Paul Miller crushing nigs
    bestofvid8
    797 views
    Thumbnail for Santa Cruz man rides potential record wave | NBC Bay Area2:19
    Santa Cruz man rides potential record wave | NBC Bay Area
    invidious
    394 views
    Thumbnail for every breville barista express has this flaw | Ethan Rode0:27
    every breville barista express has this flaw | Ethan Rode
    Invidious7
    264 views
    Thumbnail for Why Does The Skull Have Cracks? 🤔 | Zack D. Films0:26
    Why Does The Skull Have Cracks? 🤔 | Zack D. Films
    Invidious8
    40 views
    Thumbnail for แฉข่าวเช้า 27 กุมภาพันธ์ 2568 | ATIME1:45:36
    แฉข่าวเช้า 27 กุมภาพันธ์ 2568 | ATIME
    Invidious8
    46 views
    Thumbnail for The Next Global Superpower Isn't Who You Think | Ian Bremmer | TED14:59
    The Next Global Superpower Isn't Who You Think | Ian Bremmer | TED
    Invidious8
    50 views
    Thumbnail for Jon Favreau Defends Obama's Record on Surveillance and Transparency3:48
    Jon Favreau Defends Obama's Record on Surveillance and Transparency
    ReasonVids
    1465 views
    Thumbnail for QLD funded 370 community grid batteries, 369 of them went to government and power companies.1:00
    QLD funded 370 community grid batteries, 369 of them went to government and power companies.
    bestofupgoat
    490 views
    Thumbnail for Say No - In Between3:06
    Say No - In Between
    invidious1
    519 views
    Thumbnail for Turkey-Syria earthquake ripped huge chasm in what was once an olive field near Antakya | ITV News2:43
    Turkey-Syria earthquake ripped huge chasm in what was once an olive field near Antakya | ITV News
    Invidious8
    49 views
    Thumbnail for CityNoticias 8 p.m 23 de enero: Bomberos atendieron 5 emergencias por incendios forestales en Bogotá | EL TIEMPO1:11:03
    CityNoticias 8 p.m 23 de enero: Bomberos atendieron 5 emergencias por incendios forestales en Bogotá | EL TIEMPO
    Invidious8
    45 views
    Thumbnail for Selling all your junk to an NPC | Viva La Dirt League1:28
    Selling all your junk to an NPC | Viva La Dirt League
    invidious
    126 views
    Thumbnail for Cold weather EV graveyard2:41
    Cold weather EV graveyard
    bestofupgoat
    668 views
    Thumbnail for Soul Hunters - Kasar bug | justMaki1:36
    Soul Hunters - Kasar bug | justMaki
    gaming.topic
    888 views

points

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