A Printer's Trial Defends Free Speech
This Grade 5 history skill in IMPACT California Social Studies examines the 1735 trial of printer John Peter Zenger, which became a landmark victory for freedom of the press and trial by jury in colonial America. Students learn that Zenger published a New York newspaper criticizing the royal governor. Under existing law, criticizing the government was illegal. But Zenger lawyer argued the truth is a valid defense, and a jury of colonists agreed, finding Zenger not guilty. This verdict established the principle that publishing true information about government officials is protected speech.
Key Concepts
In New York, a printer named John Peter Zenger published a newspaper that criticized the royal governor. At the time, it was illegal to criticize the government, so the governor had Zenger arrested. This led to a famous court case.
Zenger's lawyer argued that people have the right to publish the truth. A jury of colonists agreed and found Zenger not guilty. This 1735 trial was a major victory for freedom of the press and strengthened the right to a trial by jury in America.
Common Questions
Who was John Peter Zenger and why was he put on trial?
John Peter Zenger was a printer in colonial New York who published a newspaper called the New-York Weekly Journal. The paper criticized the appointed royal governor, William Cosby. Under British law at the time, criticizing the government was illegal regardless of whether the criticism was true, so Zenger was arrested in 1734.
What was the argument Zenger defense made?
Zenger lawyer, Andrew Hamilton, argued that people have the right to publish true information about their government. He told the jury that truth should be a complete defense against charges of libel. Although the judge instructed the jury to find Zenger guilty, the jury sided with Hamilton argument.
Why was the jury verdict in the Zenger trial significant?
The jury verdict was significant because ordinary colonists defied the judge and royal authority by finding Zenger not guilty. This asserted the right of juries to decide both the facts and the law in a case, strengthening the principle of trial by jury as a protection against government power.
How did the Zenger trial influence the First Amendment?
The principle established in the Zenger trial, that the truth is a defense against libel and that the press should be free to criticize government, was one of the foundations for the First Amendment protection of freedom of the press, adopted as part of the Bill of Rights in 1791.
What was freedom of the press in colonial America?
Freedom of the press meant the right to publish information, opinions, and criticism without government censorship or punishment. In colonial America, this right was severely limited. The Zenger trial helped shift public opinion toward the idea that a free press was essential to a free society.
What does this trial reveal about colonial views of government authority?
The trial shows that by 1735, some colonists were already questioning whether royal governors had absolute authority and whether English law properly protected individual rights. The jury willingness to defy both the judge and the governor reflected growing colonial belief that citizens had rights that government could not violate.