Wednesday 1/16/13Day Planner: Cornell Notes, DocsTeachBell Work: What was the Proclamation of 1763? And how do you think this would cause people to revolt?

Freedom of the Press

The Trial of John Peter Zenger1735

John Peter Zenger

- Printer - Worked for the New York Weekly

Journal

Seditious LibelZenger printed articles that criticized New York Governor Crosby for rigging elections and helping the French

Governor Crosby had Zenger arrested for “seditious libel”

Arrested November 17, 1734 – unable to make bail

Trial begins July 29, 1735sedition

libel In Zinger’s time this meantpublishing negative informationabout the government

Resistance to legal authority

ArgumentsProsecution:

Zenger “wickedly and maliciously” printed articles against the governor and his ministersChallenge to British royal law

Zenger’s Defense: Andrew Hamilton argued directly to the jury - that truth must determine if what was written about the governor was or was not libelous

Zenger's lawyer - Andrew Hamilton - agrues:

The law is wrong – not what Zenger printed:“It is not the cause of one poor printer… but the cause of liberty!”

Andrew Hamilton

The question is…

Should the government have thepower to silence criticism that maylikely “harm” that government?

Should citizens be allowed to freely express their thinking inall circumstances?

The judge informsthe jury that the law does not permit “what Zenger printed is the truth” as a defense.

What do you think happened?

The judge ordered the jury to convict Zenger if

they believed he printed the criticism.

Ten minutes later the jury returned…

Truth Wins!Zenger is acquittedAs the American Revolution develops, this trial decision becomes vital to the Patriots

It is a first step toward Freedom of the Press

Bill of Rights 1786

“Our liberty depends upon the freedom of the press

and that cannot be limited without being lost.”

Thomas Jefferson

First Amendment - 1791

Congress shall make no law respecting an establishment of religion, or prohibiting the fee exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Thank you John Peter Zenger!