A jury is relevant to the legal adjudication of harm, not the institutionalization of a certain ideas, activity, etc. as harmful. There are many so-called harms that are arbitrarily declared by agencies as such long before a lawsuit is conceived. Just the same, there are many legitimate harms that states and societies enact as their "right" at the expense of a person's liberty (i.e. conscription, expropriation of property, etc.).