The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1950-10-05
By n. TYUs BUTLER
Associate Professor Of journalism
The University Of Georgia

WN- n4AA tAtEdl Oh Wa
constantly at hand, each Amer
lean becomes increasingly aware
OF the freedom he possesses in
this. one of the few remaining
countries where the theory OF
the equality of man stilI remains.
More than ever before, free
dom IS now symbolicaIly and
literally, based on mans right to
print and publish what he de-
sisss. being limited primarily by
the responsibility for what he
writes. The fight for freedom of
the press is one in which all
Americans can take pride because
although only a few have played
major role in cemenfing this
right, all citizens have given il
their approval In periods when
this freedom is in danger, they
add their voices to those of the
many editors. reporters, and
writers over the country in a
swelling cry for guarantee of that
freedom
The colonists who came 70 this
country did not bring with them
any constitutional guarantee of
freedom Of the press. nor did that
right come easy TO the Americans
whose ideas of independence and
freedom increased with the dis
lance between them and the seat
Of government.
The first great impetus to free
dom of the press in this country
was given in the trial of John
Peter Zenger, German immi-
grant who in 1888 started the New
York Weekly Journal as an
apoWed opposition paper to the
mouthpiece Of the royal governor
of the colony of New York. Sup
ported by the common people of
that colony, Zenger's paper
aroused the anger of the govern
ing body, and after the appear
ance of several strong articles on
the usurpation of power by the
governor, Zenger in November.
1874, was seized, thrown into jail,
and charged with seditious libel.
This was the first recorded case
Of a newspaper started in America
for the purpose of opposing a gov
erning political group. although
james Franklin, Benjamin's
brother, began his New England
Courant in 1921 as a voice oppos-
ing the dominating religious body
in the Bay colony.
The existing law pertaining to
libel. as it was brought over from
England, was that truth could not
be used as q defense. nor could
The jury determine any phase Of
The legal question involved In the
trial All the jury could do was
to rule on whether Zenger was the
person responsible for the publica-
ton Of the articles claimed to
been seditious The legal counsel
which came to the support of the
defendant was ruled ineligible to
practice in the New York courts,
so at the last minute Andrew
Hamilton. an 80-year-old Phila-
delphia lawyer. made the trip to
New York to enter a plea to the
jury which will always remain in
the history books of this country
The jury, taking upon itself
broad powers. returned the YER
dict Of guilty Of publishing" As
this constituted no crime. the re-
suit was Zenger,s acquittal of the
charge Of seditious libel.
The welcome of this verdict by
the liberal elements was not con-
fined to the American colonies,
but was celebrated just as strong
~ IN England where it helped to
pave the way for the passage OF
the Fox Libel Law in 1892. The
Fox measure Iiberalized the En-
glish law a great deal.
The Zcnger decision went q
long way toward establishing
truth as defense for sediti0us
libel. The theory involved cul-
minated in the Declaration of In
dependence, IN which Thomas
Jefferson charted a new course
for governments of the world.
The first constitutional guaran-
tee of free speech and a free press
was perhaps contained in the
writings of George Mason who
prepared the Bill of Rights for
the constitution Of Virginia. This
view was inclnded in the Federal
Bill of Rights. and today all "a
states have expressions in theiI
constitution that differ only to q
slight degree
The author of the Declaration
of Independence furnished an
other great force for the common
mans fight for all freedoms when
he accepted the mandate of the
small farmers and backwoodsmen
in his election Of 1900 to broaden
their participation in government
Termed the 'sbloodless revolution
of 1907 Jefferson's election guar
anteed that the Alien and Sedi-
ton laws, passed under the Fed.