Midterm Exam Paper 1

Midterm Exam Paper

Amya Palmer

North Carolina A&T State University

Prof. Gary Guffey

JOMC 240 & 393

Feb. 28, 2019

“No case in American history stands as a greater landmark on the road to protection for

freedom of the press than the trial of a German immigrant printer named John Peter Zenger”
Midterm Exam Paper 2

(Linder, 2007). Zenger was a New York printer who created and printed the New York weekly

journal which was a publication that had exposed the numerous corrupted things governor

William S. Mosby took part in. This publication was printed to enlighten the colonists on the

illegal acts their governor was involving himself with; Mosby acted in numerous amounts of

crimes. Although Zenger published this publication with good intentions to alert colonists and

give them information it did not sit well with the governor and his camp. Zenger was then later

charged in 1733 with written defamation also known as “Libel”.

Libel today is defined as the “ method of defamation expressed by print, writing, pictures,

signs, effigies, or any communication embodied in physical form that is injurious to a person’s

reputation, exposes a person to public hatred, contempt or ridicule, or injuries a person in his/her

business or profession” (Cornell Law School). One would think Zenger was charged with Libel

based on today’s definition, but what many don't know is the definition of Libel today is

completely different from what it was back then. Libel in the past was defined as “when you

published information that was opposed to the government (The Trial of John Peter Zenger,

n.d.). Zenger didn’t write the pieces and wouldn't reveal the names of those who did, so all the

blame was placed on him and he was still guilty by association with these acts. The trial was held

and the judge wanted jurors to provide a vote of guilty for Zenger, but went against the judge’s

wishes. Printers lacked the right of freedom of speech and were punished for going against

government officials. After this trial took place and Zenger was found not guilty he was a

symbol for freedom of press and prompted other printers to feel comfortable with the publication

of their newspapers. Zenger’s case didn’t prompt freedom of the press that came later in the bill

of rights with the First Amendment. His trial “influenced how people thought about these

subjects and led, many decades later, to the protections embodied in the United States
Midterm Exam Paper 3

Constitution, the Bill of Rights and the Sedition Act of 1798. The Zenger case demonstrated the

growing independence of the professional Bar and reinforced the role of the jury as a curb on

executive power. As Governor Morris said, the Zenger case was, "the germ of American

freedom, the morning star of that liberty which subsequently revolutionized America” (Crown v.

John Peter Zenger, n.d.). This trial paved the way for the awareness of being able to present

messages to people, freedom of press, and etc. Some may say it brought more awareness to

people on how it really was unjust for their freedom of press and speech were wrongly taken

from them.

It was only right for everyone to have individual liberties and this is where later in history

the Bill of Rights was created which included the First Amendment. The First Amendment that

was passed in 1791 states, “ Congress shall make no law respecting an establishment of religion,

or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the

right of the people to peaceably to assemble, and to petition the government for a redress of

grievances” (Freedom of Speech, n.d.). This amendment broken down basically means people

have the right to freedom of religion, speech, press, petition, and assembly. These five primary

liberties are cherished by people, because it allows them to have rights and liberties that were

well over do. Freedom of speech is the right of an individual to be able to speak on and have an

opinion on certain topics without being penalized. Freedom of religion allows individuals to

rightfully practice any religion of their chose. Freedom of press is the right for people to be able

to communicate through numerous media outlets (print and/or electronic media. Lastly, the

freedom of assembly is the freedom of people to come together and peacefully share their ideas,

express, protest and show their views. While these new found freedoms sound self-explanatory

and clear one should make sure they fully understand them. It is important, because the first
Midterm Exam Paper 4

amendment has some limitations and if they’re broken an individual can be penalized harshly.

For example, Freedom of Speech is one of the most cherished liberties, but freedom of speech

often conflicts with other rights and liberties.

The courts have had to consider the question, “What are the limits of free speech?”

(First Amendment Rights, n.d.) . Just because an individual is granted the right of freedom of

speech doesn't mean they are allowed to say anything. For example and individual can’t slander

another person, give out vital information pertaining to the government, and etc. Freedom of the

Press on the other hand deals with print and the publication of things and it is very important to

make sure you’re allowed to say certain things about people, places, and or things. Freedom of

Religion allows one to have the right of religion, but one cannot force a religion on another

person. Lastly, Freedom of Assembly and Petition is allowed, but it “has to be balanced with

other people’s rights if it disrupts public order, traffic flow, and freedom to go about normal

business or peace and quiet” (First Amendment Rights, n.d.).

Making sure an individual enjoys their rights but also are aware of its limitations is

important, because when disobeying these rules it comes with consequences. For example, if a

person is having a protest but it turns violent resulting in people getting hurt or it disrupting the

flow of things individuals involved may be arrested. Although, they have a first amendment right

it does not stop them from being punished or their rights being taken away. Many people don't

take time to learn what these freedoms really mean, and reading is fundamental. For example

“The 9th circuit court upheld the decision, writing school authorities [can reasonably] forecast

substantial disruption of or material interference with school activities” (Paul, 2019). The

authorities are allowed to stop students from taking part in anything that will disrupt the school

day. Students and or adults think that since they have this amendment it will make them
Midterm Exam Paper 5

untouchable but that is not the case. “Employers may prohibit certain types of speech that would

not violate a person’s First Amendment rights if the employer was not a public employer”(What

Type of Speech is Not Protected by the First Amendment, n.d.).

Things can get tricky when it comes to this amendment and what certain types of speech

are not protected. It has come to it where there is a degree of protection granted to individuals,

and with this degree comes a point where people need to realize whether they are wrong or right.

Lines are able to be drawn although it may be difficult the facts of certain things can be viewed

to determine what steps should be taken. Basically “it protects you from the government

punishing or censoring or oppressing your speech. It doesn't apply to private organizations”

(Willingham, 2018).

With that being said this amendment was created to protect individuals’ liberties under

the law, meaning the government is unable to regulate what people do. That's why people get

confused, because they believe this amendment stands for everything, but there's a certain extent.

The law is a complicated thing and without the right knowledge it can really hinder a person.

“Interpretation of the amendment is far from easy, as court case after court case has tried to

define the limits of these freedoms. The definitions have evolved throughout American history,

and the process continues today” (First Amendment Rights, n.d.). The first amendment “has

taken a stronger meaning” where it is now an instrument used by people to protect themselves

when something goes wrong.

This amendment can be categorized as people’s safe haven that protects them from the

things they say or act on. .Referring back to the Zenger trial if the First Amendment was created

during his time Zenger wouldn't have been taken to trial, because he is allowed to say anything

that is opposed to government officials without them trying to punish him or say it is illegal.
Midterm Exam Paper 6

Unfortunately, the first amendment was created later on, but the Zenger Trial really paved the

way for citizens. “The Zenger trial is a remarkable story of a divided Colony, the beginnings of a

free press, and the stubborn independence of American jurors” (Linder, 2007). If Zenger and the

jurors weren’t so brave and courageous through it all the first amendment probable wouldn't

have been thought about. History is very important and staying educated on what is going on in

the world is very important. Understanding the principles and laws of freedom of speech and

press for the United States of America is key to staying well informed on issues going on and

including media coverage.

REFERENCES
Midterm Exam Paper 7

Crown v. John Peter Zenger. (n.d.). Retrieved from http://www.nycourts.gov/history/legal-

history-new-york/legal-history-eras-01/history-new-york-legal-eras-crown-zenger.html

First Amendment Rights. (n.d.). Retrieved from http://www.ushistory.org/gov/10b.asp

Freedom of Speech: General. (n.d.). Retrieved from

https://billofrightsinstitute.org/educate/educator-resources/landmark-cases/freedom-of-

speech-general/

LII Staff. (2017, July 03). Libel. Retrieved from https://www.law.cornell.edu/wex/libel

Paul, D. (2019, February 22). A teen was told her MAGA hat violates school code. She's

fighting back. Retrieved February 28, 2019, from

https://www.washingtonpost.com/education/2019/02/22/teen-was-told-her-maga-hat-

violates-school-code-shes-fighting-back/?utm_term=.33acaeb257f2

The Trial of John Peter Zenger. (n.d.). Retrieved from http://www.ushistory.org/us/7c.asp

What Type of Speech Is Not Protected by the First Amendment? (n.d.). Retrieved from

https://www.hg.org/legal-articles/what-type-of-speech-is-not-protected-by-the-first-

amendment-34258

Willingham, A. (2018, September 06). The First Amendment doesn't guarantee you the rights

you think it does. Retrieved from https://www.cnn.com/2017/04/27/politics/first-

amendment-explainer-trnd/index.html