LAD #2 – the Zenger Trial

1. Who was John Peter Zenger?
John Peter Zenger was a German immigrant who immigrated to New York in 1710. In 1733, he began publishing a newspaper, the New York Weekly Journal. In it, he expressed his views that the British government was unjust and corrupt. Zenger was vehemently opposed to the recent appointment of Governor William Cosby of the royal party and the changes he had made. Upon his appointment, Cosby had an inflamed disagreement with the Council of the colony over his salary. Since the Council refused to meet his demands, Cosby removed Chief Justice Lewis Morris, and replaced him with James Delancey of the royal party.

2. What was the controversy over his charges? Talk about Hamilton’s defense.
Governor Cosby condemned John Peter Zenger’s newspaper as “divers, scandalous, virulent, false, and seditious reflections.” He was arrested on November 17, 1734 and after eight long months in prison he went to trial, defended by Philadelphia lawyer Andrew Hamilton. Hamilton told the jury and the judge that Zenger could only be truly guilty if what he published against the British government was truly false. The judge ordered the jury to find him guilty but ironically the jury returned with a verdict of not guilty.

3. What influence did his case have on American governmental tradition?
Zenger influenced the drafting of the Bill of Rights, specifically the First Amendment. Which protects the freedom of speech, freedom of assembly, freedom of worship, “and of the press”. The Zenger trial also set a precedent, not allowing judges to be politically influenced. The Supreme Court Judges are appointed for life; therefore they cannot be politically influenced by elections. The Zenger Trial moreover affirmed the freedom of press in America.

4.What is the lasting significance of his trial? Explain.
The John Peter Zenger trial had a lasting impression on American governmental institutions. Over 40 years later, while Congress was writing the United States Constitution and Bill of Rights, the Zenger trial was still fresh in their minds. Today, America’s freedom of press and freedom to openly criticize the government without being jailed or fined, is due to the Zenger Trial. Today many people openly criticize President George W. Bush and the war in Iraq. Over three hundred years ago, these critics would have been jailed for publishing demeaning statements about the government. Jails would be full of reporters, writers, and everyday people who disagreed with Bush’s beliefs and actions. The Zenger Trail provided that everyone and anyone can critique the government without being chastised.