> Sometimes a law is just on its face and unjust in its application. For instance, I have been arrested on a charge of parading without a permit. Now, there is nothing wrong in having an ordinance which requires a permit for a parade. But such an ordinance becomes unjust when it is used to maintain segregation and to deny citizens the First-Amendment privilege of peaceful assembly and protest.
> I hope you are able to see the distinction I am trying to point out. In no sense do I advocate evading or defying the law, as would the rabid segregationist. That would lead to anarchy. One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.
I always have to go back to read this part again because I feel like it's so unexpected. You don't really hear anyone saying quite the same thing today.
It’s pretty classic civil disobedience. In my mind it’s really the founding principle of the states. There is a difference between what is legal and what is just. For the past 250 years what is just has continually evolved and expanded.
> Law never made men a whit more just; and, by means of their respect for it, even the well-disposed are daily made the agents of injustice.
- Civil Disobedience
And the "unjust" principle works in the opposite direction, nowadays, for ICE / certain US Federal employees.
Justice is supposedly enabled / supported by the law against second-degree murder. And it's is unlikely to be applied to the ICE officer who shot Renee Good unnecessarily:
- https://www.usatoday.com/story/news/politics/2026/01/17/rene...
People have too much to lose nowadays. Having a jail or protesting history gives you a black mark if you're middle class and you have to pursue alternate avenues to provide for yourself and your family. It's a last resort and has allowed a lot of insidious things to grow in US gov't and outside
> Sometimes a law is just on its face and unjust in its application.
There is another side to this coin: jury nullification.
The fact that, most Americans, are unaware of the concept, or that it is a choice they can make is one of the tragedies of the modern era. Adams had much to say on the topic, and his take is still valid 200 years later.
> I always have to go back to read this part again because I feel like it's so unexpected. You don't really hear anyone saying quite the same thing today
The landscape has completely changed. No authority in charge entertains the idea that the law should be respected, it's not surprising citizens reciprocate.
> One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty.
I would not say this one, because I simply strongly disagree. Simple as that. No, nazi opposition did not needes to let yourself be tortured in camp to be valid. Nor communist one.
As a demand, it is absurd on its face. Yeah, you should weight the level of risk and loss. And you dont need to aim for self harm when opposing something bad.
Kwame Ture talks about what it takes for nonviolence to work.
> Sometimes a law is just on its face and unjust in its application.
When is it just in its application?
I don't think you hear it much these days because the punishments are extremely harsh and the best you can hope for is the state merely extorting thousands of dollars out of you and a life-long black mark for employment. Ive had jobs grinding raw castings in 100+ degree environments that full time that paid less than $30K which required background checks.
Unless you got $10K+ to drop on a private lawyer before hand, going to court in the US is a HUGE risk that in most cases is going to cost you many thousands of dollars in court fees and fines regardless with the risk of more jail time and more fees if you can't pay it off on their schedule.