Press Freedom - Assignment Example

Press Freedom Introduction It is evident that press freedom is currently under a threat, with authorities grabbing journalists’ cellphone records, locking reporters at the border crossings and demanding they be told identities of confidential sources. This article has poured much light on press freedom in regard to John Peter Zenger. Citizens’ democracy requires a stout press to hold the leaders accountable and capture vital issue facing the society (Overholser, Geneva, and Jamieson403). The nature of harassment the journalists face does not only affect their professionalism. New technologies and the internet have democratized making of the media, with more individuals taking up the roles of journalists. After several years of broadcasting layoffs, citizen journalists are the people at high risk and indie reporters working outside the mainstream press. In as much as media is attracting more citizens, there are also other people interested in defending press freedom. The 1st Amendment belongs to all citizens and the public must agree when new laws are being looked at. Citizens must exert more pressure on the government to make the leaders know what the First Amendment is all about in the digital era, to overcome bad laws threaten human rights to relate and communicate, and to give a hand to new journalistic strives in all manners. There is nothing like democracy minus the existence of a free press. Pamphlets and newspapers enable the exchange of thoughts and for the dissent voicing. Whenever a corrupt government gets into power, one of the critical weapons turns to be the press. It structures the opposition and may aid in the spread of revolutionary ideas. Additionally, there is no state like the US that has a remarkable protection for the press freedom. Peter’s trial is a remembered story of a mixed colony, the start of a free press and the struggle for press independence in the trial. John Peter Zenger John Peter Zenger, who was born on 1697 in Germany and died on July 28, 1746 in New York City, New York printer and journalist whose famous acquittal in a libel suit. On 1735, he established the first important victory for freedom of the press in the English colonies of North America. Migrating to New York City at the age of thirteen, he (Zenger) was indentured for a total of 8 years as a novice at William Bradford, top publisher of the middle colonies and managed to start his own printing firm in the year 1726. There is no country that values democratic expression more that the United States (Alfred67). Besides, there is no case in US history that leaves a greater landmark on the path to freedom protection of the media than the hearing of a German migrant printer called John Peter Zenger. On 5th August 1735, twelve jurors from New York, under the leadership of Andrew Hamilton who was among the best lawyers by then, neglected the commands of the then Governor’s chosen judges and returned a ruling of “Not Guilty” on the accusation of publishing “mutinous libels (Nancy32).” Peter’s trial is a notable story of a torn colony, the commencements of free press, and the persistent independence of US jurors. Zenger’s Trial John Peter Zenger’s trial was a crucial step toward this most prized freedom for US colonists. In the year 1733 November, hestarted printing the New York Weekly Journal; a journalprincipally aimed raising complaints against New York’s royal governor and other colonies. A past soldier and gambler with royal influences, the governor had just presumed his duties in the month of August in the year 1732 and immediately grossed a reputation for being a corrupt leader. Zenger proceeded on to print political broadsides against the governor upto November 1734, when the governor ordered the publications to be grabbed and set a blaze. Subsequently, Zenger was detained on libel charges, which by then comprised government criticisms, be it they were true or not. In the month of November 5th, 1733, heissued his first article of the New York Weekly Journal; the political group organ of residents who contrasted William Cosby’s policies. In as much as many of the publications were underwritten by his more learned associates, Peter was still lawfully responsible for their contents as the main publisher. Within a period of one year, the paper never stopped its scathing attacks on the governor up to, November 17, 1734, when Zenger was detained for libel. After spending almost ten months in prison, Zenger was lastly brought to trial in August of the year that followed. The Birth of press freedom John Peter Zenger became a press hero before the first amendments were made. On 17th November of 1934, Zenger was sent to jail for publishing truthful columns in the New-York Weekly Journal condemning William Cosby who was the British Colonial governor by then (Samuel p67). Zenger accused the governor of corruption in his administration. Anna, Zenger’s spouse continued selling the newspaper. During his trial, Peter Zenger’s attorney claimed that every individual must have the freedom of speech and the freedom to write the truth. The jury was hand-picked by the governor approved. Zenger was cleared in the year 1735 (Lasky, Melvin, Walmsley, and Hegewisch76). The case paved way for the beginning of press freedom and firm truth as a defense mechanism against libel. Many people can learn very many lessons from Zenger’s case as to the role he played in ensuring press freedom. The press freedom may be witnessed in “One Nation with News for All,” which demonstrates the struggle of how foreigners and minorities made use of press power to shape US experience. Zenger’s trial founded no momentous new law and never, at least for a different generation, vividly reshapes perceptions of the press freedom. Yet, his clearance signaled, in distinctive terms, the colonial opposition of the public to trials for printed criticism of unpopular authorities. Concern regarding likely bench nullification disheartened same trials in the years that followed (David p111). The case reinforced the tradition in colonial America and British law that jurors possessed much supremacy, if not the right, to award a ruling of “Not Guilty” – even when the jurors had no significant basis for deciding that the defendant was innocent. To date, juries can effect nullify rules that they feel are either being applied in a wrong way or are immoral to the defendant who fate lies upon their hands (Young 309). No hearing popularly or forcefully demonstrates that main principle of jurisprudence better than Zenger’s trial. There the trial made a milestone lending a political or an ethical, dimension to the law of America. Outcomes of the trials As his criminal trial opened, Zengers supporters discovered that the jury pool had been packed with hand-selected supporters of the governor. Zengers attorney, Philadelphia lawyer Andrew Hamilton, successfully argued that the prejudicial jurors be struck, but because of Cosby’s influence that never happened. On 5th of August 1735, 12jurors from New York, enthused by the articulatenessof the best lawyer of the generation, Andrew Hamilton, snubbed the Governor’s plot hand-picked benches and awarded a judgment of Not Guilty on the charges that were facing Zenger.Ignoring the bench’s admonition, his vivid Philadelphia cover attorney claimed that the court itself was competent to decide the truth of Peter Zenger’s printed articles. To the approval of the spectators and the general public, the colonial benchfreed Zenger reasoning that his charges were founded on concrete facts —a maincontemplation in libel cases from then.He (Zenger)afterwards served as public printer in both New Jersey and New York. His trial account released in the year 1736 in the Journal and was circulated widely in both the US and the UK. The effect of the trial on US citizen’s attitude and ideas towards the freedom of press is very hard to estimate. Prior to the year 1735, printed backing for press freedom had a narrow twist that suggested printers’ protection, but not essentially for the writers of controversial columns concerning authorities or public institutions. For instance, Benjamin Franklin in his article “Apology for Printers” printed in the year 1731 in the Pennsylvania Gazette, resisted that a publisher is mainly the seller of items, and as such should not be blamed anymore for stocking an article that had few controversial and dubious ideas than the seller of pans and pots should take responsibility since some of the items s/he stocks are not all that perfect(Smolla, Rodney, and Nimmer p34). In Franklin’s view, a printer served the entire public by giving information, and should not be perceived as ratifying all, or even more, of the presented views in his publication. In case an individual was to be blamed for malicious or dangerous ideas, the law should put much emphasis on the individual whose indication is alleged to be causing trouble; not a poor printer trying to make an honorable living. The arguments of James Alexander proceeded beyond those of Franklin. The governor’s chief aggressor matters a lot to history of free press not simply because of the role he pays in masterminding the 1735 trial, but also due to the fact that he became America’s 1st champion of an abstract theory of press rights that proceeded beyond fighting for printers. In Zenger’s article, Alexander republished “Cato’s Letters,” an array of essays authored by two journalists from Britain that demonstrated a reasoned case for a much free press and, basically, for the logic that truth should be a complete defense to libel charge. At the same time, Alexander as well supported the cause of an independent press in the mind of the public through editing and publishing in the year 1736 a famous Zenger’s trial account that served to perpetuate and enhance the repute of both the publisher and the Philadelphian lawyer who defended him. The article was reprinted 15times made before the end of the eighteenth century. Press in the United States of America The Zenger jury ruling never established a court precedent because judges’ ruling does that in most occasions. But accounts of the hearing were robustly published in England and the colonies. On all sides of the Atlantic, the hearing ignited debates concerning what press freedom means. After the trial, colonies royal officials brought in some seditious libel prosecutions. The officials were afraid that courts would reject to convict (Suzanne 90). However, colonial assemblies proceeded with the prosecutions. After writing of the Constitution and the American Revolution, there was adoption of the Bill of rights. The First Amendment to the law assured that “Congress shall make no law, abridging press freedom,” yet in 1798, Congress passed the Sedition Act, which illegalized publishing most criticism of the US government or the duly elected leaders; this particular law expired in the year 1801, and it was never tested in court for its constitutionality (The New York Public Library American History Desk Reference64). However, the Sedition Act deferred to the decision made on Zenger’s trial. The law allowed juries to rule in favor of the defendant in case the published words were of pure truth or were minus malice. Seditious libel prosecutions by government authorities finally came to an end in the US. Presently, American citizens regard it as a basic right to be allowed to criticize government authorities minus fear of being punished (Gail, 372). Conclusion Press freedom in the USA started to blossom after Zenger’s case, as members of the First Congress discussed the proposed Rights Bill in the United States Constitution and its securities on freedom of the press as well as speech. The hearing would be much remembered by Gouverneur Morris, one of the constitution’s chief drafters, the man who authored the famous lyrics of the preamble to the US constitution. His son later on came to note that Zenger’s trial was the germ of US freedom; the sunrise of that liberty has subsequently revolutionized America. Works cited; Copeland, David A. The Idea of a Free Press: The Enlightenment and Its Unruly Legacy. Evanston, Ill: Northwestern Univ. Press, 2006. Print. Cornwell, Nancy C. Freedom of the Press: Rights and Liberties Under the Law. Santa Barbara, Calif. ;Oxford: ABC-CLIO, 2004. Print. Crompton, Samuel W. 100 Colonial Leaders: Who Shaped North America. San Mateo, CA: Bluewood Books, 1999. Print. Jarrow, Gail. The Printers Trial: The Case of John Peter Zenger and the Fight for a Free Press. Honesdale, Penn: Calkins Creek, 2006. Print. Knight, Alfred H. The Life of the Law: The People and Cases That Have Shaped Our Society, from King Alfred to Rodney King. Oxford: Oxford University Press, 1998. Print. Lasky, Melvin J, Margot Walmsley, and Helga Hegewisch.On the Barricades, and Off: Notes Towards a History of Our Times. London: Encounter, 1987. Print. Lind, Nancy S, and Erik Rankin.First Amendment Rights: An Encyclopedia. Santa Barbara, Calif: ABC-CLIO, 2013. Print. McIntire, Suzanne. Americanheritage Book of Great American Speeches for Young People. New York: Wiley, 2001. Internet resource. Overholser, Geneva, and Kathleen H. Jamieson.The Press. New York: Oxford University Press, 2005. Print. Smolla, Rodney A, and Melville B. Nimmer.Smolla and Nimmer on Freedom of Speech: A Treatise on the First Amendment. New York, NY: M. Bender, 1994. Continually updated resource. The New York Public Library American History Desk Reference. New York: Macmillan, 1996. Print. YOUNG, E. G. (2008).American history for everyone: a narrative history of the United States. [Philadelphia, Pa.], Xlibris. Read More