This illustration is from theBoston Globe,January 28, 1902 as the state moved to vaccinate its citizens for smallpox. Massachusetts law required smallpox vaccination to prevent the disease's spread. A pastor challenged the law, saying it violated his religious rights under the First Amendment. The U.S. Supreme Court ruled in 1905 in Jacobson v. Massachusetts that Jacobson's religious rights had to give way to the common good, and that the emergency situation justified the government's action. (Image, public domain)
In Jacobson v. Massachusetts(1905), the Supreme Court upheld a states mandatory compulsory smallpox vaccination law over the challenge of a pastor who alleged that it violated his religious liberty rights.
Pastor Henning Jacobson contended that he had a right under the Free Exercise Clause of the First Amendment to avoid the mandatory vaccination law.
The U.S. Supreme Court, in an opinion by Justice John Marshall Harlan I, ruled that the state of Massachusetts acted constitutionally within its police powers to pass a law to protect the health and safety of the public.
According to settled principles, the police power of a State must be held to embrace, at least, such reasonable regulations established directly by legislative enactment as will protect the public health and the public safety, Harlan wrote.
Jacobson argued that the smallpox vaccination law not only infringed on his religious liberty but also was arbitrary and capricious. The Court disagreed, writing that Jacobsons individual right must give way to the common good.
Harlan explained: But the liberty secured by the Constitution of the United States to every person within its jurisdiction does not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint. There are manifold restraints to which every person is necessarily subject for the common good.
The Court emphasized that government officials were acting out of necessity as smallpox was prevalent and increasing at Cambridge. This emergency situation justified the government officials action in making the smallpox vaccination mandatory.
The Jacobson decision has come back into prominence in First Amendment jurisprudence, as many courts have cited the decision when confronting First Amendment challenges to various executive orders and edicts passed in the wake of the pandemic caused by the Coronvirus known as COVID-19.
David L. Hudson, Jr. is a First Amendment Fellow at the Freedom Forum Institute and a law professor at Belmont University who publishes widely on First Amendment topics. This article was published June 3, 2020.
See the original post here:
Jacobson v. Massachusetts | The First Amendment Encyclopedia
- College sued for stopping students from handing out Constitution [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Federal Judge Strikes Down New Yorks Super PAC Limits [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Argument preview: First Amendment protections for public employees subpoenaed testimony [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- U.S. Constitution - Amendment 1 - The U.S. Constitution ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- 1st Amendment - Laws [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- HOPE 9 - WikiLeaks, Whistleblowers, and the War on the First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- GBS205 Legal Environment -THE FIRST AMENDMENT - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- University Attacks First Amendment Costs $50,000 Plus - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- California Waste Plant Minions Suppress First Amendment Infowars Special Report - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Supreme Court Preview/Review #2 - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Liking on Facebook Protected Under First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- ConLaw Class 26 - The First Amendment Speech II - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Scalia Ginsburg debate NSA and first amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Political Correctness vs First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- BLM, Fed's Assault More Protesters As 'First Amendment Area' Taken Down - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Cannibal Cop: First Amendment Violated? - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- ConLaw Class 25 - The First Amendment -- Speech I - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- FIrst Amendment Under Attack - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- The First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- China toughens environment law to target polluters [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- [USA] First Amendment abused - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- Cliven Bundy and the First Amendment - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- First Amendment Tees Co. Inc. FAT-Tee Intro Video of who we are, and what we stand for - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- First Amendment Lawsuit After '8theist' Vanity Plate Denied, 'Baptist' Approved - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- How A Public Corruption Scandal Became A Fight Over Free Speech [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- ALEX JONES.11/22/2013..First Amendment Showdown in Dealey Plaza - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- PETITION FOR A WRIT OF CERTIORARI; Crystal Cox v. Obsidian Finance Group - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- MSNBC: Marjorie Dannenfelser Discusses SBA List First Amendment Case - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- United Church of Christ sues over North Carolina ban on same-sex marriage [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Federal judge: Delayed access to court records raises First Amendment concerns [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Justices Troubled By Their Earlier Ruling On Public Employee Speech Rights [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Judge Won't Stop Jason Patric from Using Son's Name for Advocacy Purposes [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- PBL in Journalism I, 2014 - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Opinion: Sterling a victim, too [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Were Sterlings First Amendment Rights Violated? Nope. [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Obama Supporters Petition to Repeal the FIRST AMENDMENT Seriously! Watch!(Mark Dice) - Video [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Senate Dems vow vote to change Constitution, block campaign funding [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- What happened to Sterling was morally wrong [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Former Supreme Court Justice Wants to Amend the Constitution [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Donald Sterling is my HERO - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Retaining Government Power to Make Economic Policy for Internet Access: Role of the First Amendment - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- America was just defeated from within TODAY 4/29/2014 - Martial law is next - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- INFOWARS Nightly News: with Lee Ann McAdoo Friday April 11 2014: Alex Jones/Special Report - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Opposition To Proposed Monitoring Of Hate Speech By Federal Agency The Kelly File - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Westfield Mayor to pay $53K in campaign sign violation case - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Similarities Between The Two Clauses In The First Amendment - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- ConLaw 1 Class 27 - The First Amendment - Free Exercise - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- PEASE: Free speech zones on Bundy Ranch violated First Amendment [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- First Amendment common sense [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- Bar Owner Prevails in Buck Foston First Amendment Trial [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- Was Donald Sterling's First Amendment Right to Free Speech Violated? - Video [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- California Mayors Stand Behind Anti First Amendment Freedom of Speech Approval - Video [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- John Dukes on First Amendment - Video [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- The First Amendment Doesn't Allow us to Silence Opposition; Get Rid of Limits on Political Speech - Video [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Save Us Chuck - First Amendment Zones - Video [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- HAROLD PEASE: Free speech zones on Bundy Ranch violated First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- In our opinion: Why government can't tackle hate speech without shredding First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- In our opinion: Can't tackle hate speech without shredding First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Sen. Ed Markey proposes eliminating free speech - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Endangered Speeches - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Alabama Chief Justice Stunning Legal Ignorance - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Church Uses First Amendment Protections To Perform Same Sex Marriages - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- first amendment test filming Tucson FBI Headquarters. - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- "First Amendment ONLY for Christians," Says Alabama Chief Justice Roy Moore - Video [Last Updated On: May 5th, 2014] [Originally Added On: May 5th, 2014]
- First Amendment Monument Music Video by Daniel Brouse - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- first amendment rights - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- News outlets say US drone ban breaches First Amendment [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Screw the First Amendment | We cant let people pray? - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Chief Justice: 1st Amendment Only Protects Christians - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- John Paul Stevens: "Money is not speech" - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- ALEX JONES Show Shocking Video: Cop Protects 1st AMENDMENT During TSA Opt Out Campaign - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Christopher Hitchens vs Tony Blair Debate - Religion A Force For Good In The World - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Feds Plan To Ban Ammunition - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- WHAT FIRST AMENDMENT - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Letter: First Amendment rights trampled [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- A First Amendment attack on Assembly... in George Washington [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- Inside the Classroom with Professor Leslie Kendrick - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- 2014 Civics Video Awards First Amendment - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- .First Amendment protects political speech, not profanity - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- 2010 First Amendment Award: The Foundation for Individual Rights in Education (FIRE) - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]