Thomas Jefferson, the “Libertarian” Jeffersonians of 1799, and Leonard W. Levy's Freedom of the Press

Abstract

This article examines Thomas Jefferson's views on freedom of the press in connection with the existence of a federal common law of seditious libel, specifically in a Connecticut federal district court case involving Federalist critics of Jefferson who publicly libeled him. It tests the accuracy of Leonard W. Levy's thesis in Jefferson and Civil Liberties (1963) that for most of his lifetime, Jefferson opposed the notion of complete freedom of the press and refused to recognize the right of habeas corpus in criminal matters. The article finds that, despite his book's popularity with scholars hostile to Jefferson, Levy's critique of Jefferson distorted the facts and omitted evidence. With the minor exception of Jefferson's temporary acquiescence in his political supporters' prosecution of his Connecticut libelers, the article concludes, Jefferson's traditional reputation as a defender of total freedom of the press and habeas corpus remains intact.