![]() Technically, those accused of practicing witchcraft, or their next of kin, could respond to accusations by filing charges of defamation against their accusers. ("Arresting a Witch," Howard Pyle, 1883, public domain via Wikimedia Commons) This illustration is a depiction of the arrest of a witch during the Salem witch trials. The accused were slandered with little recourse and denied rights that should have been granted under English common law. In January 1692 mass hysteria erupted in Salem Village, Massachusetts, when the specter of witchcraft was raised after several young girls became unaccountably ill. During the trials held in Salem town in Essex County, the accused were slandered with little recourse and denied rights that should have been granted under English common law. The hysteria only increased when noted Boston minister Cotton Mather joined in the fray. During the ensuing chaos, many Puritan ministers quoted Exodus 22:18, “Thou shalt not suffer a witch to live,” and encouraged their flocks to oust the evil in their midst. ![]() Women accused of being witches were slandered and denied rights With the Bill of Rights in place, interpretations of the First Amendment consistently ruled that slander and defamation were not protected by the Constitution. Some of those who insisted in 1787 that a Bill of Rights was necessary for the ratification of the Constitution undoubtedly knew about the treatment of the “Salem witches” and how they had been deprived of the rights to which they should have been entitled under English common law. More than 300 years later, the Salem witch trials testify to the way fear can ruin lives of innocent people and the importance of due process in protecting individuals against false accusations. ![]() Baker, 1892, image via the Library of Congress) This image is a fanciful representation of the Salem witch trials. The Salem witch trials testify to the importance of due process in protecting individuals against false accusations.
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