Freedom of Press and the Cause of Liberty

In November of 1733, a German immigrant printer, John Peter Zenger was approached by two men who wanted to expose the corruption and abuse of power of the colonial Governor of New York Province, William Cosby.  Zenger, also fed up with Cosby’s lowly ways, agreed and founded The New York Weekly Journal.  At that time, there already was an established New York newspaper, The New York Gazette, but Cosby censored all publications; not a single word was printed that may have painted him in a negative light.  The first issue of The Weekly Journal outlined Cosby’s crookedness and deceit, and essentially labeled him an “idiot.”  From rigging elections to allowing the French enemy to explore the New York Harbor, Cosby’s scandalous behavior was finally on display for all to see. 

Cosby put up with the criticism for two months before he had The Journal charged with “seditious libel.”  Authors of the articles remained anonymous as to avoid backlash from the Governor.  However, as publisher, Zenger’s name was on every issue, and thus, he found himself in the crosshairs of the Governor.  Cosby had Zenger arrested and jailed for eight months leading up to the trial.  James Alexander and William Smith first represented Zenger, however, after they objected to the two-man court that Cosby had hand-picked, they were promptly disbarred.  Andrew Hamilton, one of the most renowned and eloquent attorneys in the colonies, came to Zenger’s defense and a jury selection began.  With a blatant example of his abuse of power, Cosby initially stacked the jury with people on his payroll.  Zenger’s wife, still publishing The Journal, was able to report on this and the jury was eventually replaced with a group of Zenger’s peers.

On August 5, 1735, twelve jurors made history and paved the way for a free press when they defied Cosby’s strong-arm tactics and came back with a “not guilty” verdict for Zenger.  The jury’s verdict was one of the first instances of jury nullification.  The law, at that time, stated that a person was guilty of libel if they published any information that was opposed to the government; truth or falsity was irrelevant.  The judge, his hands deep in the pockets of Cosby, all but told the jury that they needed to return with a guilty verdict.  Hamilton was passionate, and despite his argument substantially lacking a foundation of actual law, he adamantly stated that “truth was an absolute defense against libel.”  In one particularly moving moment, Hamilton explained that “Newspapers allow for the exchange of ideas and for the voicing of dissent.  When a corrupt government holds power, the press becomes a critical weapon.”  He went on to say that the crux of this trial was not a cause of one poor printer, but the cause of liberty.

Following a zealous closing argument, the jury returned from deliberation a mere ten minutes later at which point they voted unanimously to acquit the publisher of the charges against him.  This monumental decision established the precedent that “a statement, even if defamatory, is not libelous if it can be proved.”  In Cosby’s case, proof was abundant.  This would be of utmost importance in the following years as the Revolutionary War would come to a head.  In a rather poetic aftermath, the Bill of Rights would be adopted by Congress in the same building where Zenger was jailed, tried, and vindicated.

To end with an appropriate quote that as been attributed to Edmund Burke years before this trial, “All that is necessary for the triumph of evil is that good men do nothing.”  John Peter Zenger, Andrew Hamilton, James Alexander, and William Smith were a few good men who decided that they were going to do something.