October 26, 1697: Fake News, Libel and All That Jazz

I win an election easily, a great “movement” is verified, and crooked opponents try to belittle our victory with FAKE NEWS. A sorry state! — Donald J. Trump

John Peter Zenger, born on October 26, 1697, immigrated to New York in 1710 where he was apprenticed to William Bradford, the first printer in New York. As an adult, he established his own printing business, printing a publication known as the New York Weekly Journal. The Journal did its best to be a thorn in the side to Royal Governor William Cosby (not the comedian).

The Journal chronicled the corrupt exploits of the governor such as rigging elections and colluding with the French. In addition to reporting his crimes, the Journal took delight in frequently calling him an idiot. Eventually Zenger was hauled off to jail and charged with libel, which was defined at the time as saying anything nasty about the government whether true or not.

A trial was held, and surprise, all the jurors were on Cosby’s payroll. As the trial progressed, Zenger’s wife continued to print the Journal, exposing the unfairness of the process. As a result, the judge was forced to replace the Cosby jurors with an actual jury of Zenger’s peers.

The judge ordered the jury to convict Zenger if they believed he printed the stories (he had admitted to doing so). But the jury returned in less than ten minutes with a verdict of not guilty, establishing truth as a defense against the charge of libel and giving rise to the notion of freedom of the press, which would eventually be enshrined in the First Amendment.

Big crowds of enthusiastic supporters lining the road that the FAKE NEWS media refuses to mention. Very dishonest! — Donald J. Trump

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A writer of fiction and other stuff who lives in Vermont where winters are long and summers as short as my attention span.

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