LAD #2: John Peter Zenger

1. Who was John Peter Zenger?

          John Peter Zenger was born of German descent in 1697, and came to the colony of New York in 1710. He was an apprentice to William Bradford, the printer of the New York Gazette, and in 1733 began printing the New York Weely Journal, an opposition newspaper aimed at the arbitrary use of power by royal colonial governor, William Cosby.

2. What was the controversy over his charges?

          In 1734, Cosby had Zenger arrested and jailed for ten months, and in 1735 he was put on trial, charged with seditios libel. Zenger's defense was represented by Andrew Hamilton of Philidelphia. The prosecution argued that the publishing of Zenger's reports was enough for conviction, however, Hamilton argued that althoough Zenger was responsible for publishing the articles, it was only libel if the accusations made in said articles were false. 

3. What influence did his case have on American governmental tradition?

           Zenger was found not guilty by the jury and was acquitted of the charges against him. This was due in part to Hamilton's presenting of his case directly to the jury and asking them to consider the law as well as the facts. It also influenced a decrease in the use of arbitrary judicial power in libel cases.

4. What is the lasting significance of his trial? Explain.

           In addition to setting the aforementioned example involving the decrease of judicial tyranny in libel cases, the Zenger trial reflected several other judiciary precedents. For instance, Hamilton's legal victory established the idea that the truth is an absolute defense against libel. In addition, the success of the case demonstrated that if a statement can be proven fact, it its not libelous, therefore supporting freedom of the press.