Peter Zenger and
Freedom of the Press
In the latter part of 1733 John Peter Zenger began publishing a newspaper in New York to voice opposition to the onerous policies of newly appointed colonial governor William Cosby.
Zenger's lawyer stands up for freedom of the press
courtesy, Chronicle of America
Upon his arrival in New York Cosby plunged into a rancorous quarrel with the Council of the colony over his salary. Unable to control the state's Supreme Court he removed Chief Justice Lewis Morris, replacing him with James Delancey of the royal party.
Supported by members of the popular party, Zenger's New-York Weekly JOURNAL continued to publish articles critical of the royal governor. Finally, Cosby issued a proclamation condemning the newspaper's "divers scandalous, virulent, false and seditious reflections." On Sunday, November 17, 1734 Zenger was arrested and charged with seditious libel.
After more than eight months in prison, Zenger went to trial defended by illustrious Philadelphia lawyer Andrew Hamilton. The case was now a cause celebre with public interest at fever-pitch. Rebuffed repeatedly by Chief Justice Delancey during the trial, Hamilton decided to plead his client's case directly to the jury. After the arguments for both sides were finished, the jury was retired, only to return shortly with a verdict of not guilty.
To better understand the significance of this historic case it is important to examine an actual issue of the New-York Daily JOURNAL prior to Zenger's arrest. Here we see a typical attack against the government in Zenger's original newspaper as it originally appeared more than 260 years ago.
Page one of this issue dated February 25, 1733* carries an article by CATO,** a pseudonym for one of Zenger's authors. This article gave its readers a preview of the same argument Attorney Hamilton would present 18 months later in the government's libel case against Zenger: That the truth is an absolute defense against libel.
In successfully defending Zenger in this landmark case, Hamilton established the precedent that a statement, even if defamatory, is not libelous if it can be proved, thus affirming freedom of the press in America.
In the latter part of 1733 John Peter Zenger began publishing a newspaper in New York to voice opposition to the onerous policies of newly appointed colonial governor William Cosby.
Zenger's lawyer stands up for freedom of the press
courtesy, Chronicle of America
Upon his arrival in New York Cosby plunged into a rancorous quarrel with the Council of the colony over his salary. Unable to control the state's Supreme Court he removed Chief Justice Lewis Morris, replacing him with James Delancey of the royal party.
Supported by members of the popular party, Zenger's New-York Weekly JOURNAL continued to publish articles critical of the royal governor. Finally, Cosby issued a proclamation condemning the newspaper's "divers scandalous, virulent, false and seditious reflections." On Sunday, November 17, 1734 Zenger was arrested and charged with seditious libel.
After more than eight months in prison, Zenger went to trial defended by illustrious Philadelphia lawyer Andrew Hamilton. The case was now a cause celebre with public interest at fever-pitch. Rebuffed repeatedly by Chief Justice Delancey during the trial, Hamilton decided to plead his client's case directly to the jury. After the arguments for both sides were finished, the jury was retired, only to return shortly with a verdict of not guilty.
To better understand the significance of this historic case it is important to examine an actual issue of the New-York Daily JOURNAL prior to Zenger's arrest. Here we see a typical attack against the government in Zenger's original newspaper as it originally appeared more than 260 years ago.
Page one of this issue dated February 25, 1733* carries an article by CATO,** a pseudonym for one of Zenger's authors. This article gave its readers a preview of the same argument Attorney Hamilton would present 18 months later in the government's libel case against Zenger: That the truth is an absolute defense against libel.
In successfully defending Zenger in this landmark case, Hamilton established the precedent that a statement, even if defamatory, is not libelous if it can be proved, thus affirming freedom of the press in America.