How did the Zenger trial help lead to freedom of the press?

Social Studies · High School · Thu Feb 04 2021

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The John Peter Zenger trial, which took place in 1735, was a significant event in the history of freedom of the press. Zenger was a German immigrant who published a newspaper in New York called the "New-York Weekly Journal." He was put on trial for libel after his newspaper printed articles criticizing the colonial governor of New York, William Cosby. At the time, the law was such that a libel case could be made against someone for publishing statements that were opposed to the government, regardless of whether or not those statements were true.

During the trial, Zenger's lawyer, Andrew Hamilton, argued that his client should be acquitted because the statements he had published were based on fact. In other words, Hamilton argued that one could not be guilty of libel if the information reported was true. Although the jury was instructed to follow the law which did not consider the truth of the statements as a defense, they sided with Zenger and acquitted him.

This verdict was a milestone for the freedom of the press because it established the principle that a free press should be allowed to publish truthful information and opinions, even if they criticized the government. Over time, this laid the foundation for the idea that the press should serve as a check on government power, a principle that would later be enshrined in the American Constitution with the First Amendment, providing legal protection for freedom of speech and the press.

Extra: The Zenger trial exemplifies the challenge of balancing government power with individual liberties. Before this trial, it was commonly accepted in English law that criticizing the government could be punished under libel law, even if the criticism was true. This was because the primary goal of libel law at the time was to prevent civil unrest and preserve the authority of the state.

By introducing the argument that truth should be a defense against libel, Hamilton was proposing a radical idea for that period—that the government should not have the power to suppress the truth or silence its critics. The jury's acquittal of Zenger despite the judge's instructions suggested that the public was ready for a change towards greater freedom of expression.

The Zenger trial's impact on freedom of the press and the development of democracy is still studied by students today as part of American history and civics. Freedom of the press is essential for a functioning democracy because it allows for the dissemination of information, facilitates public debate, and serves as a watchdog against government corruption and abuse of power. The Zenger case was a catalyst for change that contributed to establishing these important democratic principles.