Hello, Reader.
This week the White House announced that it would take a more active role in deciding which journalists are allowed inside its press briefing room, a responsibility long overseen by the White House Correspondents Association.
This raises an important historical question: Can the press truly be free when those in power decide who gets to ask the questions?
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The Birth of Press Freedom in the United States πΊπΈ
πΌοΈ The Big Picture: The struggle for freedom of the press has deep roots in American history. From John Peter Zenger's trial (1735) to the Pentagon Papers case (1971), the press has long clashed with government efforts to control information.
βοΈ Why It Matters: Attempts to restrict the press have often backfired, leading to stronger public support for press rights. Each challenge--whether in the colonial era, the early republic, or the modern presidency--has shaped how we understand freedom of the press today.
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π Go Deeper: A Colonial Battle for Truth
Before the birth of the United States, press freedom existed as a radical idea. In British America, newspapers were heavily controlled, and criticism of government officials could lead to arrest, fines, or even imprisonment.
One of the earliest tests of press freedom came in 1735, when John Peter Zenger, a printer, was put to trial for publishing articles critical of New York's royal governor, William Cosby.
Zenger did not write the articles himself--but as the printer of The New-York Weekly Journal, he was legally responsible for the stories and opinions that appeared in his newspaper.
π£ Governor Cosby's Response
- The newspaper's exposΓ©s of corruption and abuse of power angered Cosby.
- A grand jury refused to indict Zenger, so Cosby's government bypassed the grand jury and used an "information" charge to proceed with Zenger's trial.
- Zenger spent nearly nine months in jail with a bail set so high he could not afford release.
βοΈ The Trial
- Attorney General Richard Bradley argued that publishing criticisms of the government was illegal--even if the statements were true.
- Andrew Hamilton, a prominent lawyer from Philadelphia, took Zenger's defense, arguing that truth should be a defense against libel--a radical stance at the time.
- Judge James DeLancey, who supported Cosby's government, tried to restrict the jury's role by instructing them to determine only whether Zenger had printed the matieral.
π¨ The Verdict
The jury ignored DeLancey's instructions and acquitted Zenger in just ten minutes [1]
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π₯ Impact
While the trial of John Peter Zenger did not immediately change British libel laws, it helped establish the principle of press freedom in British colonies. Over time, Zenger's case became a cornerstone of America's press rights, influencing the creation of the First Amendment.
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ποΈ Press Suppression in Early America
Even after the United States secured independence, press freedom remained contested.
βThe Sedition Act of 1798 (passed just seven years after the Bill of rights) made it illegal to publish "false, scandalous, and malicious writing" against the government.
- Officials of the John Adams administration arrested newspapers editors, especially those critical of Adams.
- Public backlash helped bring down the Federalists, and Thomas Jefferson allowed the law to expire in 1801.
During the Civil War, President Lincoln suspended habeas corpus and shut down pro-Confederate newspapers, arguing that they threatened national security. While some newspapers closed others remained critical of Lincoln without any consequences. [2]
The Pentagon Papers case (1971) reinforced that the government cannot prevent the press from publishing classified materials unless there is a direct national security threat. The Supreme Court ruled against the Nixon administration, strengthening the principle of prior restraint. [3]
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πΊπΈ The White House and the Press Today
There are echos of these historical battles in the recent decision to control press access in the White House briefing room. While past administrations have influenced which journalists gain access, press restrictions raise concerns about the transparency of government and the role of the media in holding leaders accountable.
The strength of a democracy lies in its ability to tolerate scrutiny. History shows that when those in power seek to control the press, it often signals broader efforts to limit public access to the truth.
π£οΈIf the government decides which journalists get to ask questions, is the press truly free?
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π§ Tune In For More
To dive deeper into the historical origins of press freedom and its challenges, check out these episodes of Ben Franklinβs World:
- In Episode 243, Joseph Adelman explores how American revolutionaries developed and spread their ideas, and coordinated their actions, with newspapers.
- Robert Parkinson dives into how American revolutionaries used the press to unite the American people during the American Revolution in Episode 144.
- If you're looking for information about the Alien and Sedition Acts of 1798, join Terri Halperin for an exploration in Episode 188.β
- Visit Jordan Taylor in Episode 375 to investigate the history of the press and its involvement with misinformation in early America.
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π§ Share Your Thoughts!
What do you think? Should the government ever have the power to limit press access?
Join the conversation-- just hit βReplyβ to share your thoughts or post a question.
Or join our Facebook community to connect with fellow history lovers.
Have a good weekend,
βLiz Covartβ
Host, Ben Franklinβs Worldβ
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P.S. I did not see any leatherback turtles while on vacation last week. I did see two loggerhead turtles and several large spotted eagle rays.
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π End Notes
[1] Historical Society of the New York Courts, "Crown vs. John Peter Zenger, 1735," https://history.nycourts.gov/case/crown-v-zenger/, accessed February 26, 2025; Richard Kluger, Indelible Ink: The Trials of John Peter Zenger and the Birth of America's Free Press, (New York: W.W. Norton & Company, 2016).
[2] Terri Halperin, The Alien and Sedition Acts of 1798, (Baltimore, MD: Johns Hopkins University Press, 2016).
[3] Bob Woodward & Scott Armstrong, The Brethren: Inside the Supreme Court, (New York: Simon & Schuster, 1979).
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π Further Reading
Joseph M. Adelman, Revolutionary Networks: The Business and Politics of Printing the Press, 1763-1789, (Baltimore, MD: Johns Hopkins University Press, 2021)
Floyd Abrams, The Soul of the First Amendment, (New Haven, CT: Yale University Press, 2018)
Richard Kluger, Indelible Ink: The Trials of John Peter Zenger and the Brith of America's Free Press, (New York: W.W. Norton & Company, 2016)
Jordan Taylor, Misinformation Nation: Foreign News and the Politics of Truth in Revolutionary America, (Baltimore, MD: Johns Hopkins University Press, 2022)
Bob Woodward & Scott Armstrong, The Brethren: Inside the Supreme Court, (New York: Simon & Schuster, 1979)
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