In Minnesota, a man accused of the illegal sale of raw milk was
acquitted, not because he did not violate Minnesota state law,
but because the jury decided the law itself was unjust, and
therefore no law at all. The story by JG Vibes was reported in
September of 2012, but is certainly worth reviewing as a
blueprint for using the power of the jury to nullify unjust
federal, state and local laws. The concept of jury nullification
is older than the Constitution, the Articles of Confederation
and even the Declaration of Independence. In 1670 (h/t Dr.
Julian Heicklen), William Penn and William Mead were out on
trial as Quakers for “unlawful assembly,” as Quakers did not
have the freedom to worship in England. The jury refused to
convict the two men, even under orders from the judge to go
without food or drink until a guilty verdict was delivered.
After further refusal to convict, the jurors were jailed, but
their sentence was overturned on appeal in the Common Court of
Pleas. Continue Reading →