John Peter Zenger was a German immigrant and printer of The New York Weekly Journal who published articles accusing the colonial governor of New York, William Cosby, of corruption. When Zenger was charged with libel, Andrew Hamilton argued that truth should be a defense against libel charges. Despite the judge's instructions, the jury returned a not guilty verdict, establishing an important precedent for freedom of the press. This case demonstrated that the press could publish criticisms of public officials without punishment if what was published could be proved true. It helped lay the groundwork for freedom of the press protections in the U.S. Constitution.

1. THETRAIL OF
JOHN PETER
ZENGER
And the establishment of the freedom of
the press

2. Objectives
■ To understand how the concept of libel developed in colonial
America.
■ To understand how the concept of the free press developed in
ColonialAmerica.
■ To understand the role of the free press and how it developed in
ColonialAmerica.
■ To understand the importance of liberty in a democracy.
■ To understand the power of juries to shape the law.

3. 3 KeyTerms to Know
■ Defamation: statements made with the intention of injuring a person’s reputation or
character.
■ Slander: Spoken defamation
■ Libel: published slander

4. Who was John Peter Zenger
and what did he do?
■ A German immigrant and printer of The NewYork
WeeklyJournal, the
■ Printed a story that accused then NewYork Colony
Gov. Cosby of corrupt activities like:
– Rigging Elections (Judges, Sheriff)
– Treason (allowing the French to explore NY harbor
in return for payment)
– Labeled him an Idiot (based on various smaller
crimes he was also accused of committing)

5. The Meaning of theWord
Libel in ColonialTimes
■ In 1733, Crosby accused Zenger of Libel.
– At the time, this meant anything written against
the government.
– Anything that defames, or injures, the reputation
of government officials.
■ At the initial trial, Crosby attempted to stack the jury
with cronies (rigged elections), but throughout the
process Zenger’s wife Anna kept the presses rolling,
reporting on the corruption in the courtroom,
resulting in a new trial.

6. Enter the Hamilton (not
that Hamilton)
■ Easily the most well-known lawyer in the
colonies, Andrew Hamilton stepped in to
defend Zenger, claiming it was "It [was]
not the cause of one poor printer, but the
cause of liberty.“
■ The judge (on Crosby’s corrupt payroll)
ordered the jury to return a verdict only in
relation to whether or not Zenger printed
the article, and to disregard Hamilton’s
arguments regarding whether or not the
truth could be considered libel.

7. A Key Moment for
Freedom of the
Press
■ Nevertheless, the jury return 10
minutes later with a not guilty
verdict.
■ While it will be a few years until
freedom of the press is clearly
established in the region via the
first amendment of the
constitution, this verdict had a
major impact on the way printers
approached the publication of
material related to rebellion and
people viewed powerful people
who lied to maintain their power.

8. The Meaning of Libel in ModernTimes
■ LAW -- published false statement that is damaging to a person's reputation; a written
defamation
■ The truth can never be considered libelous.
■ Journalists can write whatever they want, but can be sued for libel if they cannot prove
said information was true.

9. What qualifies as libelous?
■ Must be published. (verbal defamation is known as slander)
■ Must be untrue.
■ Must be “injurious” or cause harm to a person’s reputation.

10. Results
■ Cosby was a classic example of a corrupt politician who was only in office to
make money for himself, and who cared not about the country he was
representing.
■ With this decision, corrupt leaders were forced to recognize the rights of the
press when it comes to publishing their misdeeds.
■ While the Zenger trial established no new law with respect to libel, in
unmistakable terms, it signaled the public's opposition to such prosecutions.
■ Freedom in America began to blossom, and it would not be going so far to say
that the American Revolution may have actually started here.
■ Still relevant nearly 300 years later. Perhaps even more so.
https://www.youtube.com/watch?v=eNSFBgWlVyI

11. Wednesday,August 29th
■ Gather Cornell Notes for Paine/Pamphlets and ZengerTrail to turn-in
■ Briefly review Cornell Notes for Franklin,Gutenberg
■ Colonial Journalism Kahoot!
■ Start Shattered Glass
– Final ReflectionQuestions:
■ Who was Stephen Glass?
■ What did he do?
■ Where did he work?
■ Why did he do it?
■ How did he get away with it?