New York weekly journal; Zenger, John Peter, 1697-1746
The law lagged a little in rewriting its rules. At the time of the
Zenger trial (1735) the situation was ambiguous, a fact that comes out
clearly in the pleading. Peter Zenger’s acquittal helped to resolve the
ambiguity along the lines of greater freedom.
Governor Cosby stood for the Tudor principle. He might have coined the
phrase, “The greater the truth, the greater the libel,” so well did it
suit him. His regime would not bear scrutiny, for he riddled it with
dubious, unethical, and illegal acts of various kinds—ignoring the rules
laid down in his instructions from the Board of Trade in London,
interfering with the elections and with the courts, boldly appropriating
money and land, insulting the people and the Assembly of the
Province—and he did not want such things to be aired, least of all in
the columns of a weekly that allowed him no respite as it appeared every
Monday with its reports about him and his circle of confederates. He
failed in every other attempt to silence the _Journal_, and then brought
the printer into a court of law to answer the charge of seditious libel.
So far everything was in order. But as soon as the trial got under way
things began to go wrong. Andrew Hamilton had come from Philadelphia to
speak for the defense; and he, with all the eloquence for which he was
famous, propounded the novel theory (novel for America, at least) that
freedom of the press is a basic need of society. He insisted that the
people have a right to know what their government is doing. He noted
that they should be able to complain when they have a grievance against
the government, and that a sure, easy, and speedy method of doing this
is for them to make their opinions known in the newspapers. He pointed
out the converse, that nothing of this is possible as long as the censor
can blue-pencil what he chooses, since the censor is, by definition, the
administration’s man, and does its bidding.
Above all, he drew a sharp line between truth and falsity in reporting
the news. Admitting that no one has a right to lie in print any more
than in speech, he successfully inserted into the minds of the jurors
the notion that an editor should be allowed to plead the authenticity of
a story as his justification for publishing it. He got them to agree
that the word “false” should be operative and indispensable in the kind
of seditious libel of which Peter Zenger stood accused.
Public-domain text, read in full here on John Shaqi.
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