Libel is defined as “a written or oral defamatory statement or representation that conveys an unjustly unfavorable impression.” When directed against the government this charge, legally termed seditious libel, was a serious one amongst nations with a sovereign ruler. England and its colonies were no exception. In regards to 18th century government, it was considered a “sacred institution… thro’ which the Blessings intended by it flow to the Society…; and to speak irreverently and disrespectfully of Magistrates and Government… was and is, always will be, criminal in the Sight of God and Man.”
The mind frame of the time was reflective of past notions that a monarch ruled by divine right, meaning by the grace of God. It then followed the idea that a sovereign was all-powerful and to keep his/her subjects from questioning or criticizing the government that (s)he commanded was of the utmost importance. Also, to comprehend the Zenger case, it must be understood that “libel” as defined today did not have the same meaning in the 1730s. Libel in a newspaper was considered to be anything printed which contained damaging information or painted an unfavorable picture of someone. This “someone” tended to be of financial or political significance, therefore having the influence necessary to punish those bold enough to print negative claims about them. The difference being, there was no distinction between printing facts that damaged this person’s image or printing lies or conjecture that caused damage. The act of smearing was enough to be criminally prosecuted. This case changed that.
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