Thursday, September 07, 2006

LAD #2- Zenger Trial

1. Who was John Peter Zenger?
He was the printer of the New York Weekly Journal, which criticized the acts of New York mayor William Cosby. Cosby was not satisfied with his salary, and he could not get a raise unless he fired the Chief Justice Lewis Morris, and replaced him with a member of the Royal Party, who actually had a say in the counsel. In his newspaper, Zenger brought up these corruptions, as well as others, until Cosby considered it sedition and arrested Zenger.

2. What was the controversy over his charges? Talk about Hamilton’s defense
A great controversy soon ensued over whether what Zenger printed was actually libel, and worthy of his incarceration. The outcome of this trial ultimately would decide the power and freedoms of the press. If the prosecutors won the case, the freedom of the press even today could be severely limited. However, Andrew Hamilton and Zenger both admitted that the newspaper did uncover many of the corruptions in the American government, but he also pointed out that these were all truths, and he did not lie in any of the papers. And in order to accuse someone of libel, they had to be exposing falsehoods, something which Zenger did not do. Luckily for Zenger, the jury agreed with him, although the judge did not, and he was acquitted.

3. What influence did his case have on American governmental tradition?
It set the precedent for the freedom of the press, as long as what is being published is true. Nothing can be considered libel unless it is false, which gives the press the right to speak out against the government freely. It also set the precedent against judicial tyranny, for the judge voted Zenger guilty, but the jury ruled in favor of him. This set the precedent that juries can strike down bad laws, by issuing not-guilty verdicts.

4. What is the lasting significance of his trial? Explain.
The trial set the precedent for freedom of speech and freedom of the press, something that was added into the American Constitution years later, specifically the Bill of Rights, where the First Amendment protects citizens rights to freedom of speech, which was illustrated by Zenger’s straight telling of the facts which led to his acquittal, and the press.

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