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Saving the Press Clause from Ruin: the Customary Origins of a 'Free Press' As Interface to the Present and Future
Cleveland State University EngagedScholarship@CSU Law Faculty Articles and Essays Faculty Scholarship 2012 Saving the Press Clause from Ruin: The Customary Origins of a 'Free Press' as Interface to the Present and Future Kevin F. O'Neill Cleveland State University, [email protected] Patrick J. Charles Follow this and additional works at: https://engagedscholarship.csuohio.edu/fac_articles Part of the First Amendment Commons How does access to this work benefit ou?y Let us know! Original Citation Kevin F. O'Neill, Saving the Press Clause from Ruin: The Customary Origins of a 'Free Press' as Interface to the Present and Future 2012 Utah Law Review 1691. This Article is brought to you for free and open access by the Faculty Scholarship at EngagedScholarship@CSU. It has been accepted for inclusion in Law Faculty Articles and Essays by an authorized administrator of EngagedScholarship@CSU. For more information, please contact [email protected]. SAVING THE PRESS CLAUSE FROM RUIN: THE CUSTOMARY ORIGINS OF A “FREE PRESS” AS INTERFACE TO THE PRESENT AND FUTURE Patrick J. Charles* & Kevin Francis O’Neill** Abstract Based on a close reading of original sources dating back to America’s early colonial period, this Article offers a fresh look at the origins of the Press Clause. Then, applying those historical findings, the Article critiques recent scholarship in the field and reassesses the Supreme Court’s Press Clause jurisprudence. Finally, the Article describes the likely impact of its historical findings if the Court ever employed -
Indelible Ink – the Trial of John Peter Zenger and the Birth of America’S Free Press
BOOK REVIEW By M. KELLY TILLERY Indelible Ink – The Trial of John Peter Zenger and the Birth of America’s Free Press ichard Kluger won the Pulitzer in late 1733. Alexander and Morris RPrize for his masterful expose intended to use it as a vehicle to make of the cigarette industry in Cosby and his royal administration Ashes to Ashes in 1996, and his study accountable to the people. As the most of school desegregation, Simple Justice prominent and wealthy lawyer in New (1975), is a classic. His latest, equally York, Alexander had a lot to lose and excellent if less controversial should be thus concealed his involvement, lest he of interest to every Philadelphia Lawyer. be charged with seditious libel or worse. Indelible Ink is the most thoughtful, Zenger was a businessman without comprehensive and well-researched any particular political leanings, but study of the 1735 criminal trial in New he knew this was risky business. So York City of newspaper publisher John he made a deal. He would print, and Peter Zenger on charges of seditious Morris and Alexander would write, but libel. While you may know that Zenger Alexander would pay for everything and was acquitted, that he was defended by a defend him for free if he was charged. Philadelphia lawyer Andrew Hamilton, And Zenger would not betray his and that his victory was based upon the backer’s identity. defense of truth, Kluger sets forth so The newspaper was a hit as each much more. And, it is not all what you issue turned up the heat on Cosby. -
Butlers of the Mohawk Valley: Family Traditions and the Establishment of British Empire in Colonial New York
Syracuse University SURFACE Dissertations - ALL SURFACE December 2015 Butlers of the Mohawk Valley: Family Traditions and the Establishment of British Empire in Colonial New York Judd David Olshan Syracuse University Follow this and additional works at: https://surface.syr.edu/etd Part of the Arts and Humanities Commons Recommended Citation Olshan, Judd David, "Butlers of the Mohawk Valley: Family Traditions and the Establishment of British Empire in Colonial New York" (2015). Dissertations - ALL. 399. https://surface.syr.edu/etd/399 This Dissertation is brought to you for free and open access by the SURFACE at SURFACE. It has been accepted for inclusion in Dissertations - ALL by an authorized administrator of SURFACE. For more information, please contact [email protected]. Abstract: Butlers of the Mohawk Valley: Family Traditions and the Establishment of British Empire in Colonial New York Historians follow those tributaries of early American history and trace their converging currents as best they may in an immeasurable river of human experience. The Butlers were part of those British imperial currents that washed over mid Atlantic America for the better part of the eighteenth century. In particular their experience reinforces those studies that recognize the impact that the Anglo-Irish experience had on the British Imperial ethos in America. Understanding this ethos is as crucial to understanding early America as is the Calvinist ethos of the Massachusetts Puritan or the Republican ethos of English Wiggery. We don't merely suppose the Butlers are part of this tradition because their story begins with Walter Butler, a British soldier of the Imperial Wars in America. -
Faithful Execution and Article II
Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 2019 Faithful Execution and Article II Andrew Kent Ethan J. Leib Jed Shugerman Follow this and additional works at: https://ir.lawnet.fordham.edu/faculty_scholarship Part of the Law Commons VOLUME 132 JUNE 2019 NUMBER 8 © 2019 by The Harvard Law Review Association ARTICLE FAITHFUL EXECUTION AND ARTICLE II Andrew Kent, Ethan J. Leib & Jed Handelsman Shugerman CONTENTS INTRODUCTION .......................................................................................................................... 2113 I. FAITHFUL EXECUTION IN 1787–1788: EVIDENCE FROM THE CONVENTION, RATIFICATION, AND LINGUISTIC USAGE..................................................................... 2121 A. The Philadelphia Convention ........................................................................................ 2121 B. Ratification Debates ....................................................................................................... 2128 C. Linguistic Usage .............................................................................................................. 2132 D. The Other Components of the Clauses.......................................................................... 2134 1. “Take Care” ................................................................................................................. 2134 2. “[T]he Laws” .............................................................................................................. 2136 -
The Trial of John Peter Zenger
The Trial of John Peter Zenger Should someone be prosecuted for criticizing a government official even if the words are true? Should a judge or a jury decide the case? These were the key issues in the trial of John Peter Zenger. English kings had long controlled the press. King Henry VIII required all writing be licensed before it could be printed. The king prosecuted authors and printers who published unlicensed writing. A powerful royal council known as the Star Chamber controlled the licensing of printed works. The Star Chamber also created a crime called libel. “Seditious libel” was the most serious kind of libel. This outlawed insulting the government, its laws, and officials. Kings and parliaments wanted people to respect them. The Star Chamber ruled that the truth of printed words did not matter. Truth was not a defense in libel cases. In fact, the Star Chamber saw true statements that libeled the government as more dangerous than false ones. People would more easily dismiss false statements. The most famous trial lawyer in the American colonies, Parliament got rid of the Star Chamber Andrew Hamilton addressed the court. He was in 1642, and the last licensing laws defending publisher Peter Zenger against the criminal expired by 1695. But courts continued charge of seditious libel. (New York State Library) to enforce the Star Chamber libel laws. Judges decided whether printed words were libelous. Juries decided only if a defendant had published the words in question. By 1700, “freedom of the press” in England only meant no government licensing. Once authors and printers had published their writing, English officials could still charge them with seditious libel. -
Robert Hunter Morris and the Politics of Indian Affairs in Pennsylvania, 1754-1755
W&M ScholarWorks Dissertations, Theses, and Masters Projects Theses, Dissertations, & Master Projects 1995 Robert Hunter Morris and the Politics of Indian Affairs in Pennsylvania, 1754-1755 Charles Michael Downing College of William & Mary - Arts & Sciences Follow this and additional works at: https://scholarworks.wm.edu/etd Part of the Indigenous Studies Commons, and the United States History Commons Recommended Citation Downing, Charles Michael, "Robert Hunter Morris and the Politics of Indian Affairs in Pennsylvania, 1754-1755" (1995). Dissertations, Theses, and Masters Projects. Paper 1539626005. https://dx.doi.org/doi:10.21220/s2-y2wn-7396 This Thesis is brought to you for free and open access by the Theses, Dissertations, & Master Projects at W&M ScholarWorks. It has been accepted for inclusion in Dissertations, Theses, and Masters Projects by an authorized administrator of W&M ScholarWorks. For more information, please contact [email protected]. ROBERT HUNTER MORRIS AND THE POLITICS OF INDIAN AFFAIRS IN PENNSYLVANIA, 1754-1755 A Thesis Presented to The Faculty of the Department of History The College of William and Mary in Virginia In Partial Fulfillment Of the Requirements for the Degree of Master of Arts by Charles Michael Downing 1995 APPROVAL SHEET This thesis is submitted in partial fulfillment of the requirements for the degree of Master of Arts Author Approved, August 1995 A xm JUL James Axtell bhn E. Si James P. Whittenbui TABLE OF CONTENTS Page ABSTRACT ....................................................................................................................... -
John Peter Zenger and Freedom of the Press
John Peter Zenger and Freedom of the Press Should someone be prosecuted for criticizing or insulting a government official even if the offending words are the truth? Should a judge or a jury decide the case? These were the key questions argued in the colonial New York trial of John PeterZenger. s early as 1275, the English AParliament had outlawed “any slanderous News” that may cause “dis- cord” between the king and his people. Slander, however, only referred to the spoken word. Published works became a much more serious threat to kings and parliaments after the invention of print- ing greatly enhanced communication in the 1400s. By the 1500s, King Henry VIII of England required all writing be cen- The most famous trial lawyer in the American colonies, Andrew Hamilton addressed the sored and licensed by royal officials court. He was defending publisher Peter Zenger against the criminal charge of seditious libel. (New York State Library) before being printed. Known as “prior restraint,” this heavy-handed control over the printed word resulted in prose- The Star Chamber ruled that the truth of printed words cutions of authors and printers who published unli- did not matter. Truth was not a defense in libel cases. censed writings. In fact, the Star Chamber considered truthful state- W In England, a powerful royal council known as ments that libeled the government or its officials as the Star Chamber controlled the licensing of even more dangerous than false ones. People would U printed works. (The council got its name more easily dismiss false statements. because stars covered the ceiling of its meeting Parliament abolished the Star Chamber in 1642, and S room.) The Star Chamber created a new crime the last licensing laws expired by 1695. -
The Trial of John Peter Zenger
NEW YORK AMERICAN INN OF COURT Thursday, May 29, 2014, 6:30-8:00 PM Host: Simpson Thacher & Bartlett LLP WHO HAS NOT LIBELED THE DEVIL? THE TRIAL OF JOHN PETER ZENGER Artist's sketch Andrew Hamilton Agenda Narrator’s Introduction (5 min.) Panel Discussion with Professor Michael Tigar and Scene I Patrons at a Tavern in New York City, Floyd Abrams, Esq. (30 min.) 1734 (5 min.) Q&A/Audience Discussion (5 min.) Scene II Zenger’s Print Shop (10 min.) John Peter Zenger Anna Zenger James Alexander, Esq. Contents Former Chief Justice Morris Scene III Second Grand Jury (10 min.) Cast of Characters .......................................................2 Scene IV Courthouse: Disbarment of Zenger’s counsel (10 min.) Chronology of Events Surrounding the Trial ..............2 Chief Justice James Delancey Biographies of Participants in the Justice Frederick Philipse Attorney General Richard Bradley Zenger Prosecution and Trial .....................................3 John Chambers, Esq. John Peter Zenger Grand Jury Charge, October 1734 ..............................6 Scene V Old City Hall: Trial (15 min.) The Information against Zenger ..................................6 Chief Justice James Delancey Justice Frederick Philipse Cast and Guest Speaker Biographies ..........................8 Attorney General Richard Bradley Andrew Hamilton, Esq. List of CLE materials available for download (Avail- John Peter Zenger able on the Inn of Court’s website) ...........................13 New York American Inn of Court, May 29, 2014, Page 2 Cast of Characters April 1733 The New York Supreme Court hears ar- guments on the issue of whether Cosby has the power Narrator ........................................ Mary Kay Vyskocil to create a new court. Bar patron #1...................................... Bruce Lederman Bar patron #2...................................... Matthew Tobias August 1733 Gov. -
1 the Jury's Constitutional Role, Originalism, and Judicial
The Jury's Constitutional Role, Originalism, and Judicial Usurpation © by Tom Glass* I. Introduction.......................................................................................................................... 3 II. The Originalist Method ....................................................................................................... 4 III. The Evidence of Support for Jury Power by the Founders ............................................. 7 A. The Political and Intellectual Atmosphere of the Founding Era........................................... 7 1. Liberty and Justice for All ................................................................................................. 7 2. Natural Law Concepts Underlie Jury Power ..................................................................... 8 B. Defining The Jury ............................................................................................................... 15 C. The History of the Jury as the Founders Knew It ............................................................... 19 1. John Lilburne – Father of Most Criminal Procedural Rights .......................................... 19 2. William Penn, William Mead, and Bushell’s Case.......................................................... 22 3. The Restoration, the Seven Bishops’ Case, and the Glorious Revolution ....................... 27 4. Zenger’s Case – Press Freedom Protected by a Law-Judging Jury................................. 31 5. The Battle over Libel in Eighteenth Century England.................................................... -
JOHN Pbtir ZEN GER Historical Study by IRVING CH ES LAW 19B9
JOHN PbTIR ZEN GER Historical Study by IRVING CH ES LAW Dec 19b9 reply refer tot UNITED STATES t66PEHA DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE Febtuar 6i9$O Meraninm Su$rintendent Morristown National Bistorical Park Regional Dive ctór Subject -Zeriger Lcemoiia3 Research there is attached cy of Acting Thief Historian Porters eorax4u of January 31 Iou will see that the principal point made is that Mr XrW.ng Cheslaw establish in his sanuzcripb on Ebter Zenger definite tiein ard nlationthip of the site of the old City Ball to the present Pdsre1 Hall Memorial site hope that you will be able to discuss this matter with Mr Cheelay at iosstbiy with Br Jan tright Biown before the Zener study is published have copy of Mr Browns letter to you of Jantary 26 in -wbich he- quotes Dr rrank Mott Dean of School of Journalish University of Itiesouri with respect to the tudy Br Brown state in that letter- that he is having the bianuecript put into little booklet Regional Director Attachzmnt-l Copy to Director ZAroply refer tot Th UNITEDSTATES DEPARTMENT OF THE INTERIOR -- NATIONAL PARK SERVICE WASHINGTON 25 Aetiti3 Chief Ustorlen Subject Zcnser rcorial Roscaroh have read viith Intcrost ycur zczorandw of Jnuar 17 toruard1n tailor proof of Er Irvins Choslaws research on the story of Zeuzor tthtch zas unorthkcn us raltaisary to plarm3.ng Zcncr tthbit for the Ecderal all rctorial in Ec Tort City rr Cheslat Ms produced an unusually readable and ponetrat tn piece of historical researqh which Is certainly nluable for its intonded purpose an very glad -
Columbia Law Review
COLUMBIA LAW REVIEW VOL. 94 JUNE 1994 NO. 5 CONSIDERING ZENGER: PARTISAN POLITICS AND THE LEGAL PROFESSION IN PROVINCIAL NEW YORK Eben Moglen* I. THE STORY OF A GOLD Box History is the narration of the past, and not all valuable history is true. When William Smith, Jr. first wrote his much-admired and widely- distributed Histary of the Province of New-York, in 1756, he ended his narra- tion twenty-four years before his own time, with the arrival of Governor William Cosby in New York on August 1, 1732. In justification of his ab- rupt termination at this particular point, Smith wrote: The history of our publick transactions, from this period, to the present time, is full of important and entertaining events, which I leave others to relate. A very near relation to the authour had so great a concern in the publick controversies with Colonel Cosby, that the history of those times will be better received from a more disinterested pen. To suppress truth on the one hand, or exaggerate it, on the other, are both inexcusable faults, and perhaps it would be difficult for me to avoid those extremes. ' In his twenty-ninth year, already an important and rising member of the New York Bar, Smith was unwilling to describe the role played by his fa- ther, still living and soon-in 1760-to refuse the ChiefJusticeship of the Province, in the political turmoil of the Cosby Administration. To mod- ern readers, trained to view those times through the lens of a single fa- mous event, William Smith, Jr. -
Historic Roadsides in New Jersey
Presented to the Rxngwood Public Library FOR REFERENCE SE? 2 8 199! NOT TO BE TAKEN FROM THE ROOM CAT. NO. 23J RINGWOOD PUBLIC LIBRARY, NJ 3 6047 09044956 1 HISTORIC ROADSIDES if A Condensed Description of the ] I Principal Colonial and Revolu- I tionaryLandmarks in Newjersey, II arranged for the Convenience of K^ Students and Motorists. The Society of Colonial Wars in the State of New Jersey 1928 For Purchase of Copies Address WALTER LESTER GLENNEY, ESQ., Secretary 916 Madison Avenue Plainfield, N. J. Copyright 1928 The Society of Colonial Wars in the Stci tc of New Jersey Press oj Innes & Sons Philadelphia PREFACE N the foreword of "The First Americans" the Editors say, "The beginning of the thirteen English Colonies, so big I with destiny, have stirred the reverent curiosity of Ameri' can historians generation after generation." It is one of the ob' jects of the Society of Colonial Wars to promote an interest in and knowledge of Colonial history, not only by historians but by the ordinary man who professes that he has no time to devote to things that are past. In this day when distance is made unimportant by the motor vehicle, and we can in a day cover a mileage, which would have taken many days in Colonial times, there is no excuse for unfamiliarity or lack of knowledge of the historic spots in one's own State. When the State is one with a his- tory so fascinating and so closely connected with our National history, there is even less excuse for ignorance.