New York weekly journal; Zenger, John Peter, 1697-1746
The _Journal_ overtly and even clamorously threw off subservience to the
Colonial government. It followed the lead of the British papers that had
already begun the battle for a free press, and carried the fight into
the American arena. Many evil and stupid men had been sent to the New
World as representatives of the crown, but until the Zenger era they
were able to keep the press sufficiently in line. It was the misfortune
of Colonel William Cosby, one of the worst and stupidest, to collide
with a newspaper that would not give way.
In charging Peter Zenger with seditious libel Cosby was acting in
accordance with an old habit of the official mind. Until a few years
previously, Colonial governors had been specifically commissioned to
censor the press, and the tradition still held that journalists had no
right to print anything of which the local executive disapproved. His
discretion was the criterion, just as the king’s was in Britain. He
could set down as “libelous” any report that caused him any uneasiness,
and impugn it as tending to excite sedition among the governed.
Thus the question of truth was beside the point when printers,
publishers, editors, and writers were being prosecuted. Indeed, veracity
might only aggravate the charge, for obviously unrest is most likely to
follow from a story about stupidity or criminality in government if the
news happens to be true. This thought gave rise to a whole theory
epitomized in the legal tag, “The greater the truth, the greater the
libel.” The journalist was caught coming and going—guilty if his story
was false, even more guilty if it was true.
Such a theory of seditious libel may sound paradoxical at first, but in
fact it had behind it a strong logic based on history. When the British
monarchy emerged as absolute during the reign of the Tudors, the
relation of king and people was that of master and servants, a relation
accepted by the nation almost without demur. Therefore, criticism of the
king was illegitimate and _ipso facto_ criminal, and the truth of such
criticism was at best inconsequential, at worst an exacerbation
threatening to cause a breach of the peace. Hence: “The greater the
truth, the greater the libel.”
But the law could not stop there, for British politics went through a
profound revolution during which Parliament wrested control of the
government from the king, who slipped steadily downward into the role of
servant to, rather than master of, his subjects. Parallel with this
development went a progressive rise in the power of the popular will,
one result of which was that criticism of king, ministry, and Parliament
became transmuted into an integral part of the British system. Now the
distinction was no longer between criticism and no criticism, but
between valid criticism and invalid criticism; and one acid test was
exactly the question of truth in the charges made. By the end of the
eighteenth century the change was virtually complete.
Public-domain text, read in full here on John Shaqi.
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