Hamilton and Press Freedom: A Review of the History of Press Law

PENG Guibing

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Chinese Journal of Journalism & Communication ›› 2016, Vol. 38 ›› Issue (8) : 36-53.

Hamilton and Press Freedom: A Review of the History of Press Law

  • Peng Guibing is an assistant professor at the Humanities School, East China University of Political Science and Law, Email:pgb121@163.com.This paper is supported by the Youth Project of National Social Science Fund (No.:15CXW009).
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Abstract

Domestic scholars often think that Hamilton and Jefferson's press freedom ideas are opposite. In order to revise this dualistic thinking, this paper examines the three historical events that Hamilton had experienced. In terms of the debate on the Bill of Rights, Hamilton thought that they didn't need to write the Bill of Rights into the constitution, but he didn't deny the freedom of press. The reason why Hamilton supported the Sedition Act is that this act contained two principles which the law allowed truth as a defense and the jury had the power to judge both the facts and legal doctrines, and these two principles were fully embodied in Croswell case defense.On this basis the paper analyzes the historical connection of above-mentioned three events in terms of press freedom ideas. Finally, this paper further explores the absence of Hamilton and the construction of dualistic thinking framework in the domestic studies.

Key words

Alexander Hamilton / Press freedom / Sedition Act / Croswell case / Thomas Jefferson

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PENG Guibing. Hamilton and Press Freedom: A Review of the History of Press Law. Chinese Journal of Journalism & Communication. 2016, 38(8): 36-53

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Funding

This paper is supported by the Youth Project of National Social Science Fund (No.:15CXW009).

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