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== The Zenger Trial ==

== The Zenger Trial ==

Freedom began to cause problems in the colony of New York when the governor disliked criticism that appeared in the newspaper.  [[John Peter Zenger]] printed something unkind about the governor, and the governor decided to silence him.  He demanded that Zenger be prosecuted and thrown in jail for criticizing him.   

Freedom began to cause problems in the colony of New York when the governor disliked criticism that appeared in the newspaper.  [[John Peter Zenger]] printed something unkind about the governor, and the governor decided to silence him by charging him with "seditious libel." He demanded that Zenger be prosecuted and thrown in jail for criticizing him.   

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 print 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, Andrew Hamilton of Philadelphia, one of the best known attorneys in colonies, surprisingly showed up and agreed to defend Zenger for free.  Hamilton argued that it should not be a crime to print 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. It also established that truth is a perfect defense against a charge of libel.

The judge instructed the jury that, under the law, publishing 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>

The judge instructed the jury that, under the law, publishing 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>