Birth of the American Free Press

The 1735 Peter Zenger Libel Case Set a Journalistic Precedent

Sep 18, 2009

Freedom of the press in the U.S. can be traced back to the post Seven Years' War period as colonial opposition to British revenue policies caused widespread anger.

In August 1734 John Peter Zenger was brought to trail on charges of “seditious libel” related to articles that had been published in the New-York Weekly Journal, a newspaper Zenger edited. The articles were highly critical of the policies of New York governor William Crosby. Although seditious libel under English common law merely constituted communication, Zenger’s lawyer, Andrew Hamilton, argued that the writings had to be untrue in order to be libel. A New York jury agreed and the Zenger case became a precedent for freedom of the press.

Early Colonial Newspapers

Historians specializing in early American newspapers assert that the idea of a free press was an 18-century event. In 1713, for example, only one colonial newspaper existed – the Boston-News Letter with a circulation of 250 readers. By 1765 the number of newspapers had risen to twenty-three. Growing dissatisfaction with British colonial policies directly correlated to the rise in publishing, including newspapers, pamphlets, and tracts.

Despite attempts at censorship that could not be enforced, the period between the end of the French and Indian War and the outbreak of the Revolution witnessed a prolific attempt to sway public opinion toward independence. Historian Arthur Schlesinger states that, “Not until the rise of troubles with Britain did the editor come to think of himself as a maker of opinion as well as a transmitter of news and literary offerings.”

Newspapers that had devoted several pages to advertisements now featured letters and essays, usually submitted anonymously with names like “Brittanicus Americanus.” Thomas Paine’s Common Sense was originally published anonymously, causing numerous colonial radicals to credit Thomas Jefferson as the author.

Notions of personal liberties were already well ingrained with the colonial intelligentsia, coming from such writings as Cato’s Letters that had appeared forty to fifty years earlier in tracts and newspapers. George Washington had been a lifelong admirer of classical thinking, taking lessons from Seneca as well as Joseph Addison’s tragedy Cato.

Henry Weincek, in his biography of George Washington, asserts that Nathan Hale’s final words – “I regret only that I have but one life to give for my country,” was a verbatim quote from Cato. Similarly, Patrick Henry’s alleged statement: “Give me Liberty of Give me Death” came from Cato. Just as Romans like Seneca and Cicero had battled the prospects of tyrannical government, so too the leaders of the Revolution cast their lot against King George III.

Publishing was the vehicle toward popular dissemination of such truths. Newspapers and pamphlets published the speeches and political arguments of the intelligentsia so that even the “middling” sorts could understand the issues. Political cartoons and depictions, such as Paul Revere’s lithograph of the Boston Massacre, helped galvanize support for independence, although very often the facts were incorrect and served the purpose of mass propaganda.

Unleashing the Power of the Press

The newly recognized United States began its long journey of freedom with a tradition of a free press. Referring to the Zenger precedent, historian Sidney Kobre wrote that: “The newspaper had won a greater liberty to publish critical material directed against the government.”

This tradition, enshrined in the First Amendment, would prevail for the next centuries, hampered only in times of war or due to partisan conflict and violence. Although modern newspapers are rapidly disappearing, unable to profitably compete with new media technologies, the guarantee of a free press must continue to be safe-guarded in order to protect personal liberties and expose government corruption and tyranny.

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The copyright of the article Birth of the American Free Press in Colonial America is owned by Michael Streich. Permission to republish Birth of the American Free Press in print or online must be granted by the author in writing.