Cases and Conflicts

The Zenger Trial of 1735

In 1735, John Peter Zenger was tried for seditious libel in New York. Zenger was the publisher of the New York Weekly Journal and has published articles accusing Governor William Cosby of Dishonesty and oppression. Cosby accused Zenger of seditious libel.

The law of seditious libel held that the greater the truth, the greater the libel, meaning that if the articles were true, they would, of course, undermine the Governor's authority. The only question for the jury to decide was whether the articles reduced Cosby's power to govern; truth was in no way a defense. Zenger's lawyer, Andrew Hamilton argued that truth ought never to be punished as libelous. The jury agreed and Zenger was found not guilty. The verdict did not change the law of seditious libel, but it is remembered as the beginning of freedom of the press in what was to become the United States of America.