This story appeared today in the New York Times: "Judge Dismisses Trump's Suit Against the Wall Street Journal." The following is quoted from that article:
A federal judge on Monday dismissed President Trump's $10 billion defamation lawsuit against the publisher of The Wall Street Journal over its report of his lewd birthday greeting to the sex offender Jeffrey Epstein.
Judge Darrin Gayles in the U.S. District Court for the Southern District of Florida said in his decision that Mr. Trump had not "plausibly alleged" that The Journal published the article with "actual malice," a legal standard meaning that it knew what it was publishing was false or had acted with reckless disregard as to its accuracy.
In the evolution of the laws that protect freedom of the press in this country, there have been many significant milestones. One of them, as has oft been recounted on Gossips, has a Hudson connection.
In 1803, Harry Croswell, who, under the nom de plume Robert Rusticoat, wrote and published a newspaper here in Hudson called The Wasp, was indicted for "seditious libel" for reporting that Thomas Jefferson had paid a Washington newspaper publisher to run articles in his paper that were hostile to Jefferson's political opponents. At Croswell's trial here in Columbia County, a request to introduce the truth of the story as a defense was denied, and Croswell was found guilty. Croswell appealed the decision, and in his second trial, in New York Supreme Court, he was represented by Alexander Hamilton. Hamilton argued that the press had the right to print the truth, "with good motives or for justifiable ends," even of the truth reflected badly on "the government, magistracy or individuals." In 1805, Hamilton's argument that reporting the truth is not libel was incorporated into law.
An even earlier event in the history of freedom of the press in America is the trial of John Peter Zenger. In 1735, Zenger was tried for libel after he published opinions critical of the colonial governor, William Cosby, in his newspaper, the New York Weekly Journal.
On Wednesday, April 15, Zenger's trial, in which he was acquitted, will be reenacted at the James T. Foley U.S. Courthouse in Albany. The reenactment begins at 5:30 p.m. The courthouse is located at 445 Broadway. For more information, click here.
COPYRIGHT 2026 CAROLE OSTERINK
How extraordinary to hear that Columbia County played such an important role in the evolution of libel law. Ironically, however, in the Trump case, the court chose not to rule on the WSJ motion to dismiss based on the grounds of truth. It relied on a narrower ground, leaving Trump an opportunity to plead again.
ReplyDeleteThere is no “pleading again.” The whole point of the actual malice rule is that the truth isn’t relevant, just the motivation, given the plaintiff’s stature as a public persona.
DeleteThank you for sharing this critically important history, Gossips. Also shout out to the OG Sam Pratt, and all he has done.
ReplyDeleteWhile Hudson was once a crucible for free speech and pseudonymous publishing, our First Amendment muscle has clearly atrophied.
Warren Street proprietors routinely self-censor to avoid recrimination. Who can blame them?
Volunteers and well-intentioned donors are treated with suspicion simply because they dare to speak freely or question the scope of local government.
Writing under a nom de plume is routinely judged as cowardly. This ignores that the American Republic was founded on exactly this practice.
Say what you will about our new Mayor's fiscal policies, priorities, and genuflection to non-residents (and we certainly will).
But he possesses integrity and respects the First Amendment. He recognizes that public office invites and requires criticism, yet he leaves it in City Hall (on the field, as it were), interacting as a neighbor outside of work, even with his critics. What a welcome change from the previous administration.
It is time to exercise our free speech muscle again. Hudson Common Sense will do its part by publishing Guest Op-Eds, sharp analysis, and literally and figuratively flying red flags, historic flags, and pirate flags.
Agree or disagree? We invite you to make your case on our platform or your own.
hudsoncommonsense.com/write
Excommunication is the weapon of the terrified. The confident reason and persuade in public.
WOW! I had no idea! so great to read
ReplyDeleteBusiness owners “self-censoring” so as not to ruffle their neighbors’ (read: real and potential customers) feathers doesn’t have anything to do with the First Amendment. Neither does “being treated with suspicion”. Neither does employees (of which there are far, far more in Hudson than there are proprietors) being fired for controversial social media posts.
ReplyDeleteIf we want to talk about Free Speech, let’s at least agree on its actual (legal) definition.
Thank you for the distinction between the legal and the cultural.
ReplyDeleteWe agree on the law, Michael, which is exactly why we never made that claim. But focusing on legal definitions and semantics misses the bigger picture: our town's culture of open debate, while improving, can be better.
There was a time when only Gossips published the inconvenient truths.
Surprised you didn't get into Section 230 ;-)
We leave you with this;
"The restriction of debate, whether by a repressive government or an intolerant society, invariably hurts those who lack power and makes everyone less capable of democratic participation."
https://harpers.org/a-letter-on-justice-and-open-debate/