First Journal: Freedom of Press Trial of 1735

Even before the first newspaper the United States had laws restricting freedom of press.  Publishers had to have permission to publish a paper before they could; the content had to follow certain rules.  Although the United States had these laws, U.S. publishers had a much easier time publishing what they wanted to and speaking their minds than the British publishers.  The British government tried to push licensing, taxes and the seditious libel law on to United States laws without success, at least until John Peter Zenger.

In the 1774, Zenger printed an article in the New York Weekly Journal criticizing colonial governor William Cosby.  Cosby pressed charges against Zenger, leading the the Freedom of Press Trial of 1735.  Zenger was guilty under the British seditious libel law, which is a law against any government criticism, but despite this, Zenger was innocent.  A jury nullification took place in which the jury decided that Zenger was innocent because he should not be imprisoned for any criticism of the goverment that was true.  Zenger's vertict was huge, but did not get rid of the seditious libel law.  There has been no other known case in which publishers or printers got away with violating the sedition law.  Publishers and printers today still need to watch what they write or print, especially if it deals with the government.

GCascella

Source: Mass Media Law by Don R. Pember and Clay Calvert