The most famous lawyer in the colonies, Andrew Hamilton of Philadelphia, stepped up to defend Zenger.
Zenger’s case established that truth cannot be libelous The importance of the case is that it established the principle, now firmly embedded in U.S. law, that truthful information cannot be libelous. Alexander Hamilton used this argument in the case of People v.
The Sedition Act, though, enshrined truth as a defense to a libel claim.
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or …
The Court took this opportunity to officially declare the Sedition Act of 1798, which had expired over 150 years earlier, unconstitutional: “the Act, because of the restraint it imposed upon criticism of government and public officials, was inconsistent with the First Amendment.”
Critics argued that they were primarily an attempt to suppress voters who disagreed with the Federalist party and its teachings, and violated the right of freedom of speech in the First Amendment.
In one of the first tests of freedom of speech, the House passed the Sedition Act, permitting the deportation, fine, or imprisonment of anyone deemed a threat or publishing “false, scandalous, or malicious writing” against the government of the United States. …
Chief Justice James Delancy disbarred James Alexander and William Smith who stood ready to defend Zenger at his April 1735 trial after they questioned Delancy’s authority to preside. After John Chambers, a court-appointed attorney, presented the opening argument, Andrew Hamilton, a noted Philadelphia attorney (and designer of the building that is today known as Independence Hall), intervened on Zenger’s behalf.
Zenger was indicted for seditious libel for criticizing the governor. Zenger, born in Germany, immigrated to America at a young age. He was apprenticed to New York’s only printer, William Bradford, after Zenger’s father died. Zenger then went into publishing on his own.
Gouverneur Morris, a major figure at the Constitutional Convention of 1787 and a descendant of Judge Lewis Morris, later described Zenger as “the germ of American freedom, the morning star of that liberty which subsequently revolutionized America” (McManus 1999: 914). The importance of the case is that it established the principle, now firmly embedded in U.S. law, that truthful information cannot be libelous. Alexander Hamilton used this argument in the case of People v. Croswell (N.Y. 1804) when defending Harry Croswell against charges of criminal libel for accusations that he had made about President Thomas Jefferson. The concept was later incorporated into the law of New York and other states.
Cosby in turn sought indictments against Zenger for seditious libel, which he eventually secured through “information” after grand juries rebuffed him. An agent of the governor subsequently burned copies of the Weekly Journal in front of city hall.
Many consider this case to establish a principle that is now embedded in U.S. law that truthful information cannot be libelous. (Courtroom sketch depicting the trial of Crown v. John Peter Zenger, public domain). The trial of John Peter Zenger (1697–1746) was one of the most important events in shaping American thinking toward freedom ...
Croswell (N.Y. 1804) when defending Harry Croswell against charges of criminal libel for accusations that he had made about President Thomas Jefferson. The concept was later incorporated into the law of New York and other states.
Other articles in Americans prominently involved with First Amendment issues. The governor of New York secured an indictment of seditious libel against John Peter Zenger for publishing articles criticizing him. At this time in history and based on English common law, truth was not a defense for libel. But after a compelling defense by Andrew ...
The Zenger case demonstrated the growing independence of the professional Bar and reinforced the role of the jury as a curb on executive power. As Gouverneur Morris said, the Zenger case was, “the germ of American freedom, the morning star of that liberty which subsequently revolutionized America!” 8.
The full text of the famous 1736 account of Zenger’s trial. Although it was written from Zenger’s perspective, it is generally believed that it was written by his attorney James Alexander. The Trial of John Peter Zenger. PDF.
Unable to post bail, Zenger was returned to jail pending his trial. Defending Zenger against the charge of seditious libel presented challenges for the defense attorneys. Their main difficulty was that the truth of the published statements was immaterial.
At the close of Chambers’s speech, Andrew Hamilton rose on behalf of Zenger and preempted Attorney General Bradley’s case by admitting that Zenger had published the journals as alleged. In his address, Hamilton asked the jury to consider the truth of the statements published and concluded with these famous words:
The Attorney General, Richard Bradley, acting on behalf of the Crown, filed an information before the Supreme Court of Judicature. 5 Pursuant to the information, Cosby’s allies on the court, Chief Justice James De Lancey and Justice Frederick Philipse, issued a bench warrant for the arrest of John Peter Zenger.
Crown v. John Peter Zenger, 1735. The New York Gazette was founded in 1725 and for many years was the Province’s only newspaper. It was published by the public printer, William Bradford, and was supportive of the Governor and his administration.
When the trial commenced in the courtroom on the second floor of City Hall on August 4, Attorney-General Richard Bradley stated the substance of the “information” and in response, John Chambers entered a plea of “not guilty” on behalf of his client.
It accused the government of rigging elections and allowing the French enemy to explore New York harbor. It accused the governor of an assortment of crimes and basically labeled him an idiot. Although Zenger merely printed the articles, he was hauled into jail.
Terms in this set (20) (1734-1735) New York libel case against John Peter Zenger. Established the principle that truthful statements about public officials could not be prosecuted as libel.
Zenger’s attorneys, James Alexander and William Smith, sought a writ of habeas corpus and Zenger was brought before Chief Justice De Lancey who ordered a hearing for November 23, 1734. At the hearing, the court set bail at £400, an amount far in excess of Zenger’s means.
The governor of New York secured an indictment of seditious libel against John Peter Zenger for publishing articles criticizing him. At this time in history and based on English common law, truth was not a defense for libel. But after a compelling defense by Andrew Hamilton, a jury acquitted Zenger.
John Peter Zenger, (born 1697, Germany—died July 28, 1746, New York City), New York printer and journalist whose famous acquittal in a libel suit (1735) established the first important victory for freedom of the press in the English colonies of North America.
Zenger published articles critical of British governor William Cosby. He was taken to trial, but found not guilty. The trial set a precedent for freedom of the press in the colonies.
John Peter Zenger started publishing his own newspaper the New York Weekly Journal in 1733, and was backed by many prominent people that opposed William Cosby. In 1734 New York’s Governor William Cosby had John Peter Zenger charged with criminal libel, but Zenger was acquitted by a grand jury.
After a grand jury refused to indict him, the Attorney General Richard Bradley charged him with libel in August 1735. Zenger's lawyers, Andrew Hamilton and William Smith, Sr., successfully argued that truth is a defense against charges of libel.
John Peter Zenger (October 26, 1697 – July 28, 1746) was a German printer and journalist in New York City. Zenger printed The New York Weekly Journal. He was accused of libel in 1734 by William Cosby, the royal governor of New York, but the jury acquitted Zenger, who became a symbol for freedom of the press. In 1733, Zenger began printing The New ...
In 1733, Zenger printed copies of newspapers in New York to voice his disagreement with the actions of the newly appointed colonial governor William Cosby. On his arrival in New York City, Cosby had plunged into a rancorous quarrel with the council of the colony over his salary.
Early life. Peter Zenger was born in 1697, a son of Nicolaus Eberhard Zenger and his wife Johanna. His father was a school teacher in Impflingen in 1701. The Zenger family had other children baptised in Rumbach in 1697 and in 1703 and in Waldfischbach in 1706. The Zenger family immigrated to New York in 1710 as part of a large group ...
Works by John Peter Zenger at Open Library. John Peter Zenger at Find a Grave. The Trial of Peter Zenger at Project Gutenberg (1957 book, edited by Vincent Buranelli) Authority control.
On 28 May 1719, Zenger married Mary White in the First Presbyterian Church, Philadelphia. On 24 August 1722, widower Zenger married Anna Catharina Maul in the Collegiate Church, Manhattan. He was the father of many children by his second wife, six of whom survived.
John Peter Zenger; his press, his trial, and a bibliography of Zenger imprints ... also a reprint of the first edition of the trial by Livingston Rutherfurd New Yor k : Dodd, Mead & company 1904.
The authors were anonymous, and Zenger would not name them. In 1733, Zenger was accused of libel, a legal term whose meaning is quite different for us today than it was for him. In his day it was libel when you published information that was opposed to the government. Truth or falsity were irrelevant.
John Peter Zenger was a German immigrant who printed a publication called The New York Weekly Journal. This publication harshly pointed out the actions of the corrupt royal governor, William S. Cosby. It accused the government of rigging elections and allowing the French enemy to explore New York harbor.
John Peter Zenger became a symbol for the freedom of the press in the young American colonies. Seen above is a printing of the trial proceedings. No democracy has existed in the modern world without the existence of a free press. Newspapers and pamphlets allow for the exchange of ideas and for the voicing of dissent.