A trial 300 years ago tells about Trump's media lawsuits

President Donald Trump's lawsuit against CBS News reminded me of a famous legal case that I teach my journalism students each semester at Boise State University.

- Scott McIntosh, Tribune News Service

It’s known as the Zenger trial. The case was in 1735, nearly 300 years ago, before the United States was even a country. Then-New York Gov. William Cosby charged the New-York Weekly Journal printer John Peter Zenger with “seditious libel” because the newspaper was critical of Cosby, accusing him of tyranny and violating the people's rights. Seditious libel at the time simply meant you were critical of the government, even if what you wrote was true. The plaintiff did not have to prove that the published material was false, as plaintiffs have to do today. On its face, Zenger was guilty, simply on the basis that he indeed printed the material.

Despite that and despite Cosby's repeated efforts to stack the court with lawyers, judges and jurors in his favour, the jury returned a verdict of not guilty — after just 10 minutes of deliberation. Essentially, the jury said, “Yeah, we know he did this and it’s against the law, but it shouldn't be, and he shouldn't be punished for it.”