Realdeal, I haven't seen you around the DP neighborhood for sooo long. I always thought you were one of the few who bothered to click through my self indulgent links, so without you I feel like I'm whistling in the breeze. So nice to hear from you.
Speaking of neighborhood, many midwestern state constitutions were drafted with the legacy of the Zenger case still very vibrant, though more than a century had passed. Many states like Wisconsin and Iowa, for example, enshrined the jury right with language absolute on it's face "shall remain inviolate" but in modern times are regarded as mere empty platitudes by jealous, petty judges, and the complacent citizens who tolerate encroachments amounting to constitutional usurpations. Wisconsin, like New York as it's model, actually fashioned constitutional provisions which can only be understood as direct codification of the lessons of Zenger as they expressly protect the jury's right to decide both the law and the facts in matters of libel.
To this day, the magnitude of importance attendant the duties described in Andrew Hamilton's exhortation still gives me a shutter; part chill, and part horror at the consequences of such post-modern derelictions.
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