The Trial of John Peter Zenger and Its Impact on Freedom of the Press

Historical Context

• Time Period: 1735, Colonial New York.
• Key Event: Trial of John Peter Zenger, a German printer, for seditious libel.
• Key Figures:
  • John Peter Zenger: Printer tried for libel.
  • Governor William Cosby: British governor of New York, central figure in the controversy.
  • Louis Morris: Removed Chief Justice of the colony.
  • James Alexander & William Smith: Lawyers and part of the Morrisites, supporting Zenger.
  • Andrew Hamilton: Renowned lawyer who defended Zenger in court.

Prelude to the Trial

• Discontent with Governor Cosby:
  • Removal of Chief Justice Louis Morris for not indicting Rip Van Dam.
  • Morris and allies (Morrisites) sought to remove Cosby.
• Role of the Press:
  • New York Weekly Journal: Established by Zenger to criticize Cosby.
  • Printed articles attacking Cosby, primarily authored by James Alexander.
  • Strong influence of Cato’s Letters on the writings.

Legal Proceedings

• Charges Against Zenger:
  • Arrested on November 17, 1734, for seditious libel.
  • Bypassed grand jury; imprisoned at City Hall.
• Trial Details:
  • Began on August 4, 1735.
  • Defense led by Andrew Hamilton, who argued for truth as a defense.
  • Hamilton appealed to the jury's sense of justice and liberty.
  • Jury returned a verdict of "not guilty" in ten minutes.

Impact and Legacy

• Immediate Aftermath:
  • Hamilton celebrated for his defense.
  • Zenger acquitted, marking a significant verdict for the press.
• Long-term Effects:
  • The trial did not change libel laws but influenced public sentiment.
  • Reduced libel prosecutions post-1735, with juries more sympathetic to truth defenses.
  • Served as a precursor to freedom of the press in America.

Scholarly Opinions

• Criticism and Support:
  • Some historians argue the trial had little immediate impact on press freedom.
  • Others, like Professor Leonard Levy, suggest it weakened the enforcement of seditious libel laws.
  • Viewed as a landmark event that symbolized the struggle for press freedom.

Significance in American History

• Freedom of the Press:
  • The trial highlighted the importance of press freedom as a pillar of liberty.
  • Set a precedent for juries to consider truth in libel cases.
• Cultural Legacy:
  • Seen as the beginning of a shift towards valuing free speech and press in America.
  • Influenced the later inclusion of freedom of speech in the First Amendment.

Quotes & Reflections

• Colonial Perspectives: "The verdict is better than the law..."
• Legacy Quote by Governor Morse: Described as the "germ of American freedom" paving the way for revolutionary change.