“But the technical legalities of the case fail to convey that, at its heart, this is a political case rather more than a legal case. Most fundamentally, the case is about whether Hershberger has the right to distribute food privately to individuals who have contracted with him, without regulatory interference.
The reason the case is so important politically is that it isn’t just about whether Hershberger has the right to distribute food privately, it is about whether all of us have this right on either end of the equation–to distribute food privately or to contract with producers to obtain food privately. If Hershberger is acquitted by the jury of his peers, the shock effects will reverberate throughout the country, and regulators will be forced to re-examine their crackdown on private food distribution. If Hershberger loses, not only could he go to jail for more than a year, but regulators everywhere will lick their chops and go after private food more aggressively than ever. Continue reading