Zenger was then put on trial in 1735. On the first day of the trial, a good defense attorney from Philadelphia surprisingly showed up to defend Zenger for free. The defense attorney argued to the jury that it should not be a crime to say something that is true, even though it may embarrass the governor. In other words, Zenger's attorney thought that someone should have a right to tell the truth, no matter how embarrassing it may be. That was a radical concept then.
Zenger was then put on trial in 1735. On the first day of the trial, a good defense attorney from Philadelphia surprisingly showed up to defend Zenger for free. The defense attorney argued to the jury that it should not be a crime to say something that is true, even though it may embarrass the governor. In other words, Zenger's attorney thought that someone should have a right to tell the truth, no matter how embarrassing it may be. That was a radical concept then.
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The judge instructed the jury that, under the law, even saying the truth about someone can be a crime (the crime of "libel"). But the jury ignored this law and held in favor of Zenger: "not guilty." This case established a unique new American right: the right of freedom of the press. To this day we have that right in America, while those in England still do not.<ref>To this day, English courts welcome libel lawsuits far more than American courts do. "Known as the 'libel capital of the world' because of its plaintiff-friendly rules on defamation, Britain has nothing remotely comparable to the First Amendment's protections for freedom of the press."[http://writ.news.findlaw.com/mariner/20030317.html]</ref>
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The judge instructed the jury that, under the law, saying the truth about someone can be a crime (the crime of "libel"). But the jury ignored this law and held in favor of Zenger: "not guilty." This case established a unique new American right: the right of freedom of the press. To this day we have that right in America, while those in England still do not.<ref>To this day, English courts welcome libel lawsuits far more than American courts do. "Known as the 'libel capital of the world' because of its plaintiff-friendly rules on defamation, Britain has nothing remotely comparable to the First Amendment's protections for freedom of the press."[http://writ.news.findlaw.com/mariner/20030317.html]</ref>
This important case also helped convince Americans of the importance of the right to a jury trial, which was later written into our Constitution.
This important case also helped convince Americans of the importance of the right to a jury trial, which was later written into our Constitution.