Description
In 1902, Pastor Henning Jacobson, of Cambridge Massachusetts, refused to be vaccinated . He was ordered to pay a fine for his refusal to receive a smallpox vaccination. In state court, Jacobson argued the vaccine law violated the Massachusetts and federal constitutions.
In Jacobson vs. Massachussets, which was decided by a 7-2 Supreme Court vote the Justice Harlan wrote: "The good and welfare of the Commonwealth of which the legislature is primarily the judge, is the basis on which the police power rests in Massachusetts," Harlan said "upon the principle of self-defense, of paramount necessity, a community has the right to protect itself against an epidemic of disease which threatens the safety of its members." The case involved required smallpox vaccinations.
in 1922 in Zucht v. King, SUPREME COURT Justice Brandeiss made reference to this 1905 famous case when deciding the issue of mandatory school vaccines.
This article is only for reference on past history of the subject .
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