The Trial of John Peter Zenger (August 4, 1735)

1
The Trial of John Peter Zenger (August 4, 1735)
http//www.courts.state.ny.us/history/images/zenge
r_tryal_illustration.jpg
2
Background to Case

• Zenger was a German printer who worked for the
  New York Weekly Journal
• He wrote articles that criticized NY governor,
  William Cosby
• Cosby had Zenger arrested for seditious libel

http//www.webster.edu/fatc/zengpic2.jpg
http//www.law.umkc.edu/faculty/projects/ftrials/z
enger/freespeech.htm
3
Arguments of Case

• Prosecution argued that Zenger wickedly and
  maliciously printed articles against the
  governor and his ministers
• Zenger legally couldnt defend himself by trying
  to prove that he published the truth
• Zengers lawyer, Andrew Hamilton, argued that the
  truth should determine if the articles were
  libelous or not

http//www.lib.umd.edu/RARE/IMG/Mdprinting/zenger.
gif
4
Verdict of Case

• The jury only took a short time to rule not
  guilty in favor of Zenger
• Jury initiated the practice of jury nullification
• The case opened the turn for the freedom of press
  rights found in Bill of Rights (1789)

http//www.socialstudiesforkids.com/graphics/zenge
rtrial.jpg
5
Issues/Discussion Questions

• Is it dangerous for a jury to use jury
  nullification?
• What reaction did the verdict have with govt
  officials? Common people?
• Is it fair for the govt to limit free speech in
  times of national security?

http//www.maxwell.syr.edu/plegal/scales/zenger.gi
f
6
Work Cited

• http//www.law.umkc.edu/faculty/projects/ftrials/z
  enger/zenger.html
• Great source for selected primary sources,
  summary, images,
• Dershowitz, Alan M. America on Trial. Warner
  Books New York, 2004.
• Discusses briefly details of case and the
  significance of Zenger case to modern America
• http//www.uark.edu/depts/comminfo/cambridge/zenge
  r.html
• Complete court record of Alexander Hamiltons
  defense of John Peter Zenger
• http//www.law.uh.edu/teacher/zenger/
• Brief summary of Zenger case

http//www.maxwell.syr.edu/plegal/scales/zenger2.g
if