Making History Come Alive presents the landmark case in the freedom of the press, the trial of Peter Zenger in 1735
The trial of John Peter Zenger in 1735 is a landmark case in the history of American freedom of the press. Zenger, a German immigrant and printer, became the central figure in a legal battle that laid the groundwork for the First Amendment protections of free speech and a free press in the United States.
Background
John Peter Zenger was the publisher of the New York Weekly Journal, a newspaper that frequently criticized the colonial governor of New York, William Cosby. The articles, often written by anonymous contributors, accused Cosby of corruption, incompetence, and tyranny.
In November 1734, Zenger was arrested and charged with seditious libel, a crime that, at the time, involved making statements that were deemed to undermine the authority of the government, even if those statements were true.
The Trial
The trial took place in August 1735. Zenger's defense was led by Andrew Hamilton, a prominent lawyer from Philadelphia, after Zenger's original lawyers were disbarred by the court.
Key Arguments
1. Prosecution's Argument: The prosecution, led by Attorney General Richard Bradley, argued that Zenger had published statements that were libelous and seditious, and the fact that they were published was sufficient to convict him, regardless of their truthfulness.
2. Defense's Argument: Hamilton took a bold approach by arguing that Zenger should not be convicted if the statements he published were true. He asserted that the jury had the right to judge both the law and the facts, a significant departure from the accepted legal practice that juries should only consider the facts, leaving the interpretation of the law to the judges.
#### Verdict
The jury returned a verdict of "not guilty," acquitting Zenger of all charges. This was a dramatic and unexpected outcome, given the prevailing legal standards.
Impact and Legacy
The Zenger trial had several far-reaching implications:
1. Freedom of the Press: The trial is often cited as a foundational moment for the establishment of freedom of the press in America. The idea that truth should be a defense against libel charges became a crucial element in the development of American legal principles.
2. Jury Independence: The case underscored the importance of jury independence and the notion that juries could judge the fairness of laws, not just the facts of a case.
3. Public Opinion: The trial galvanized public opinion in favor of greater freedoms and against arbitrary government power.