Freedom of Speech: ) wife.5 The King vs John Peter Zenger i of fe wa Richard Cicale examines the Zenger trial and the affect it had on freedom of the press in America Idthel IN THE UNITED STATES, the concept almost any printed criticism of the Cosby was appointed, the former HenryJ of freedom of speech and freedom government was considered a governor of the Island of Minorca. Fsf the press is so fundamental, it crime, and few publishers were Cosby chose to remain in England is often taken for granted. From brave enough to risk imprison- for another 13 months, while in /[ore wa Watergate to Whitewater, Ameri- ment by printing something that New York a government official \t < cans expect their news media to might irk a government official. named Rip Van Dam governed in . 3 freely report on the controversial By the early 18th century, his place. When Cosby finally ill and; issues surrounding their govern- with the political tensions arrived in New York in 1732, he ment and political between the demanded half the pay Van Dam ,Mor leaders. colonies and earned while acting as governor. EKT ;:, While certain England rising, Van Dam refused and Cosby limits on press free- stirrings from promptly sued. During the subse- fjj dom have sometimes the public were quent court proceedings, one of , been deemed neces- heard to end the judges hearing the case, Chief •H sary in times of the govern- Justice Lewis Morris, ruled national crisis, most NEW-YORK, ment's control against Cosby. In retaliation, the Americans never of the press. governor removed Morris from :i-fif; question the basic x':.', - ' .. • ' ..'-v.. ..: .'. In 1731, a office. HH. For 1'aiHTis'o am! Fcr,lR>ii!ir-, ;•. I'JBEL premise that a free agiuiir the Guvermuair; '•:->::'-• chain of events These acts, along with other press is crucial to a ';• '.-,..' . -.'•••,•.''.-. ., "-''--- • '•' ' -. '.',. started that instances of questionable govern- free society. This •Ssw>sra5K:^isp;^«a«s5;-K-s-i=- would push ing, infuriated Cosby's critics, wasn't always the ^™-™^^^:--^;^ some New who wished to make public what case, however. ;,•*,*>£ .In early colonial times, freedom of the press as a legal right did not exist and a newspaper publisher could be fined or even thrown in jail for writing a critical story about a government official — even if the story was proven to jHans Hoi-; be true. sire pin-.; One of the first and most sig- sferthe*: nificant events that helped change aid. this state of affairs occurred in |d queefti 1735 in colonial New York. The Wear as incident — which set the stage for future events that shaped the nje, More j right to free speech in the US — Was •;•; involved an ordinary German immigrant, many of New York's Top left, cover of the book that told the story of the precedent-setting trial, said of 1 to have been written by one of Zenger's attorneys in 1752. Above, the court- elite and some nasty politics. room drama is captured in this illustration from the period. JJuly 15|| The Deatlvof a Governor and the Rafter- Birth of a Newspaper York powerbrokers, frustrated they saw as the governor's tyran- |e.;faith;"| The newspapers of pre-revolution with timid news reporting, into nical actions. Sjfcblic America were a dull affair, con- action and set off one of the defin- However, the only newspaper servant sisting mostly of advertisements ing moments in American journal- in town at the time was the New ?nd reprints of European news ism history., York Gazette, a loyal organ of the reports. The main impediment to It all started with the death of Cosby administration. To counter a.more vibrant press was govern- the colonial governor of New the pro-government bias of the mental censorship. In those days, York. To take his place, William Gazette, Cosby's critics, led by Van History Magazine December/January 2006 — 13 FAMOUS TRIALS Dam, Judge Morris and the well- was based on English legal prece- weak", Hamilton agreed to risk \s reputation and health on a < known lawyer James Alexander, dents prohibiting statements that decided to start their own journal. could incite the public against the controversial case that seemed j They called their newspaper The government. Under this legal tra- doomed from the start. The trial; New-York Weekly Journal and hired dition, the prosecution would took place at City Hall and woul| a German immigrant named John only have to prove that Zenger's open and close in one day, 4 Peter Zenger to print it. newspaper had published the arti- August 1735. Although Zenger didn't write cles in question. There could be no With Hamilton arguing for ' any of the articles that would soon consideration by the jury of defense, few in the courtroom land him in jail.— the Journal's whether the statements were true doubted there would be drama,; anti-government articles were or libelous. This put Alexander, but no one could have predicted;] written by the paper's intellectual who acted as the lawyer's backers — as its publisher he was Zenger's first words, legally responsible for everything lawyer, in the which the paper printed. almost unten- amounted to; The first issue of the Journal, able position of admission that; which appeared on 5 November defending his client had j 1733, accused Cosby of harassing someone who indeed cor voters and immediately turned had published ted the allege the placid, predictable newspaper the evidence of offense. "Ido| world of New York into a venue his guilt in his -B., _____ =— . confess that h§tjud for a furious political brawl. own news- ^ '' both printed mam .T:- -wK.. Another issue covered the paper. Mv;w;|j^ £Tji^ ^cIJi-&6&,- : and publishect|rep ' ' ' governor's oppressive behavior — Zenger's . _ the papers setjfjur "We see men's deeds destroyed, fate grew even forth in the sffsini ' judges arbitrarily displaced, new darker after [indictment]. "4|tim courts erected without consent of Alexander was Over the gaspsjffre< the legislature by which... trial by disbarred early ^of.. Airomej1." «T&r«i'-mj'- 'Proof*' 'of my : of the court, ?gre jury is taken away when a gover- in the pre-trial ' -' Hamilton con-!|urd nor pleases." proceedings for tinued, "I do Since public criti- ;v;:;::iSM^^vU,;.3: hope in so cism of a government doing he has official was extremely committed no;;ind rare, readers followed crime." ' 1 the frequent attacks This |EGo- with delight. Cosby, delighted the ;| out however, was prosecutor, wjpanc enraged. The gover- Top, a page from knew that the| Zenger's New York nor's first act of retri- Weekly Journal news- jury was only:! bution was paper, following the required to questionable in both trial and Zenger's decide on its efficacy and its landmark Not Guilty whether Zeng public relations verdict. In the article, had publishe impact — he had sev- Zenger thanks a the criticisms/! eral of the Journal's lengthy list of partici- regardless of more damning issues pants including his their truthful-/|yoi publicly burned. solicitors and jury ness. It seemed! members. Left, a Things grew more painting depicting to most people! c serious when on 17 the case's various in the court- November 1734, lawyers, judges and room that,' Zenger was arrested jury members. Zenger's i and jailed on charges lawyer had JUEJ of seditious libel. arguing with the judge. This admitted this point the jury had1 forced Zenger's defenders to no option but to convict. The Trial of John Peter Zenger quickly find another lawyer brave, Hamilton, however, was: With Zenger in jail and his wife or reckless, enough to take the finished. Citing precedents d; taking up the work of publishing case. They decided to aim high back to Magna Carta and in wordfwh. the Journal, Alexander and the rest and prevailed upon the most that brought cheers from the : of his allies set about planning famous attorney of the day, tators, Hamilton derided the '. Zenger's defense. It wasn't going Philadelphia lawyer Andrew and insisted that truth was indety to be easy. Hamilton. Although he was 60 at the heart of whether Zenger § flee The charge of seditious libel and described himself as "old and was guilty of seditious libel. The 14 — History Magazine December/January 2006 irritated judges angrily admon- short time and, to no one's sur- as it did in the Zenger verdict. - ished Hamilton "to use us with prise, found the defendant not The legal effects of the trial fed good manners" and reminded guilty. were also murky. On the most trial him that he was not permitted to Zenger was set free after basic level, the trial was only an offer truth as a defense against spending most of the previous isolated victory for Zenger and his libel. year in jail and would continue supporters, with no actual legal The judges were on firm legal publishing the Journal until his precedents being set. In fact, it's footing here and Hamilton knew death at 66 years of age. Hamilton very likely that the Zengerites it. At this point, Hamilton's task spent the rest of his days as a would have again felt the wrath of was no longer to argue in judge, dying on 4 August 1741, six the governor's office had Cosby Zenger's defense, but to argue years to the day after the Zenger not died so soon after the trial, he against the fairness of the law not being one to take such a under which he was charged. defeat quietly.