Changes

== 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]] said 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.  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 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 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.

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>

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>

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.

The trial established one additional right: the power of the jury to ignore the law and hold in favor of a defendant even though the law says he is guilty.  This is known as "jury nullification," and it also exists to this day.  Juries may "nullify" the law to find a defendant "not guilty," but defense attorneys are not allowed to inform a jury of that right during a specific trial.  Jurors have to know it already, or decide to do it on their own, as the jury did in the Zenger case.

The trial established one additional right: the power of the jury to ignore the law and hold in favor of a defendant even though the law says he is guilty.  This is known as "jury nullification," and it also exists to this day.  Juries may "nullify" the law to find a defendant "not guilty," but defense attorneys are not allowed to inform a jury of this power during a specific trial.  Jurors have to know it already, or decide to do it on their own, as the jury did in the Zenger case.

'''Debate: Do you think a jury should be able to ignore the law in order to find a defendant "not guilty?"'''

'''Debate: Do you think a jury should be able to ignore the law in order to find a defendant "not guilty?"'''