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...were respectful and well-behaved—quiet for the time being. The real statement would come some months later, in May, when they strode into Boston’s Edward W. Brooke courthouse with a team of lawyers ready to fight the charges. Among them was Charles Nesson...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

...Nesson forged ahead, more boldly still. A week after the First Circuit ruled “no” on the Webcast, there’s talk of an appeal to the Supreme Court on the issue. At the April team meeting I attend, Nesson proposes suing the judges on the panel, counting them as complicit in an abuse of legal process for their erroneous ruling. The office, filled with chairs and laptops, erupts. Four letter words fly. The volume rises. Ray Bilderbeck, the clinical’s notorious dissenter, puts his head back and laughs flat...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

...want you to read the jury’s mind,” Nesson replies...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

...Stroup’s retelling of the events that followed, posted online to the NORML Web site, the officer who had arrested the pair failed to show up for the proceedings, prompting the judge to move to dismiss the case entirely. Nesson would have none of it. “Your honor my client[s]…have spent their entire lives fighting these laws, and they have a right to have these charges heard by a jury of their peers, and they very much wish to exercise this right,” said Nesson, according to Stroup?...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

...tactic was about more than just making a scene. What Stroup and Cusick had been doing behind the NORML/High Times booth was illegal: this was hardly in doubt. But by demanding a trial, Nesson and his clients were hoping to make a start on changing that—tapping the power of a little-used legal prerogative known as “jury nullification.” In old English common law, if a jury felt that a particular law was destructive to liberty, it could refuse to render a guilty verdict on the basis of that law?...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

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