How It Applies

In part because of the Zenger trial in 1735, the freedoms of colonists who would later become citizens of an individual nation, The United States of America, were extended in various ways. This landmark case provided paving stones for two amendments listed in the Bill of Rights and is also featured in countless legal texts.

Andrew Hamilton was the first attorney to trade the “he’s innocent because he didn’t do it” plea for the “he’s innocent because the law itself is wrong” defense. It is because of this landmark case that defendants can claim to be not guilty, not on the terms that the crime was not committed, but on the terms that it should not even be considered a crime.

The right to trial by jury, guaranteed by the Sixth Amendment to the Constitution, was helped along by the Zenger case as well. The abuse of the court system, not to mention the creation and use of what should have been illegitimate courts, by government officials in order to manipulate the law was highlighted by Governor Cosby’s actions. Had trial by jury been an established right in 1733, Cosby’s power would not have been so concrete as he most certainly would have lost his suit against Van Dam.

The additional clause backing up the freedom of the press to report even negative truths, by way of the First Amendment, can also be traced back to the Zenger case. The loss of the government to a common man was all the nudge society needed to realize a fair trial by peers is a right worth fighting for.

Additionally, in the field of journalism in the 21^st century, key points established by the Zenger case are still relevant. The operation of the press as a watchdog in public affairs helps to serve as a check on government and ensures that the public indeed has the right to be informed. Also, in recent years journalists have come to the conclusion that complete “objectivity,” the telling of news without any bias, is an unrealistic expectation. The new outlook is that “truth” is the way to go. Though this may seem like a new revelation in classroom journalism, it is not. In 1735 it served as Zenger’s sole defense against tyranny.