August 5

On August 5, 1735, John Peter Zenger of the New York Weekly Journal was acquitted of seditious libel on the basis that the item was true.

Truth is still one of the most effective defenses for a libel suit. To be libel, a charge must be intentionally false, believable by the intended audience, a statement of fact (not opinion) and must cause actual harm. Slander is the same. The amount of intent required will depend on how famous the libelee is; a private citizen has the most protection. A public figure requires a showing of malice, and a politician has the least protection. It is almost impossible for a politician to win a libel suit.

The other major defense against libel is privilege. One version of this is satire, another is public good.

Zenger was targeted by the Governor of New York, who was tired of criticism. At the time, newspapers were by definition partisan. Remarkably, Zenger won his suit despite the fact the governor had handpicked the judges.