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- เผยแพร่เมื่อ 21 พ.ค. 2020
- I wrote a new book all about the Supreme Court. Order your copy here: amzn.to/45Wzhur or visit www.iammrbeat.com/merch.html.
In episode 53 of Supreme Court Briefs, a man refuses to get vaccinated for smallpox and has to pay a fine. He obviously fights back. #supremecourtbriefs #jacobsonvmassachusetts #vaccines
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"Hooray for Propaganda!" by Electric Needle Room (Mr. Beat's band)
open.spotify.com/track/41IW4i...
Recommended reading
Wilrich, Michael (2011). Pox: An American History. Penguin.
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Produced by Matt Beat. All images by Matt Beat, found in the public domain, or used under fair use guidelines.
Check out cool primary sources here:
www.oyez.org/cases/1900-1940/...
Other sources used:
supreme.justia.com/cases/fede...
www.politifact.com/factchecks...
biotech.law.lsu.edu/cases/vac...
en.wikipedia.org/wiki/Jacobso...
reason.com/2020/04/30/when-th...
www.nationalreview.com/bench-...
www.cnn.com/2020/04/10/politi...
www.ncbi.nlm.nih.gov/pmc/arti...
www.newenglandhistoricalsocie...
Dobson, Mary (2007) Disease: The Extraordinary Stories Behind History’s Deadliest Killers
Cambridge, Massachusetts
1902
Henning Jacobson, a local minister, refuses to be vaccinated for smallpox by the city’s board of health. Now, smallpox is one of the most awful and devastating diseases in human history. Even though Edward Jenner had discovered a vaccine to help prevent smallpox back in 1796, in 1902 the average mortality rate for the disease was as high as 25 to 30%. In fact, between around 1902 until when it was finally eradicated thanks to the World Health Organization in the late 1970s, smallpox killed an estimated 300 million people around the world.
As much of a threat as smallpox still was in 1902, Jacobson didn’t think it was worth it to get vaccinated. You could call him an “anti-vaxxer” of sorts. You see, Jacobson grew up in Sweden, where they had a law that required all children get vaccinated for smallpox. So yeah, as a child, Jacobson got the vaccine as well, but later claimed the vaccine caused him “great and extreme suffering” that he had to deal with permanently. Later, his son also went through “adverse effects” after getting the vaccine as a child. And thus, Jacobson and his wife both were like “nu-uh, nope. No more vaccines.”
Meanwhile, the state of Massachusetts had passed a law saying city boards of health could force their citizens to get vaccinated “when necessary for public health or safety.” Cambridge, which had seen a surge in smallpox outbreaks in June, forced everyone to get the smallpox vaccine or face a fine of $5, which is around $150 today. Now, the vaccine was not guaranteed to last your entire life, so adults who were vaccinated as children had to get vaccinated again. Despite many of his neighbors dying from smallpox, Jacobson still refused to get vaccinated again, and the city fined him.
Others also refused and appeared in court together in July. Jacobson argued the vaccine was an “invasion of his liberty.” Eh, they made him pay the fine anyway. He and others appealed to the Massachusetts Supreme Court, but it agreed with Cambridge. So Jacobson appealed again, this time to the Supreme Court, who heard oral arguments on December 6, 1904.
Jacobson and his lawyers brought up the almighty Fourteenth Amendment, saying the Massachusetts law requiring vaccination overstepped personal liberty and could lead to more government control of individual behaviors.
The Court announced their decision on February 20, 1905. They sided with Massachusetts. It was 7-2. While the Court agreed that individual liberties were important, public safety, and the state’s obligation to get rid of smallpox, were both more important. Those who did not get vaccines literally endangered the lives of others, and ultimately, the Court decided that forced vaccinations were a legitimate way to protect the lives of citizens.
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I have a feeling this case is going to relevant a year from now.
It’s relevant now considering morons refuse to wear masks because “it’s their freedom”
Yeah, I'd say it's already relevant considering how big the anti-vax movement has become.
Too bad their isn't a vaccine to cure the idiot pandemic. Recently it has been spreading wildly thanks to the internet and plenty of false information.
It won't really apply I don't think in the affirmative. We'll get more details on the disease, but I think by the time the vaccine comes around, the disease will have hopefully died done. I don't trust the courts to analyze science properly (sorry not sorry). But lets pretend that's not an issue. I think this opinion will be upheld/not overruled. It will be held as binding, but not applicable here since COVID-19 is very different from smallpox in more ways than one. I don't think it will be found to be sufficiently deadly enough to "force" people. But the government will setup schemes such that life will be so terrible that you don't have much of a choice or you could just continue the stay at home stuff and not get the vaccine, and I'm sure that will be upheld as constitutional. States have an interest in public health, and I highly doubt the court will override or throw out the previous precedents, especially considering that they know they are old and vulnerable. Only Kavanaugh and Gorsuch are under 60 IIRC. Ofc, I wonder if they'll establish any firm principle. This precedent basically said, we looked at a variety of reasons, mixed them together, and on balance this is what worked out. I think they'll do that, although they may reformulate or relist what they'll look at/what should be looked at, although leave it open ended for future diseases. I think they'll be aware that they are doctors and leave that open for that reason. They'll stay with the balancing test but put some strong warnings in the obiter dicta.
@@lopezfan24 haha
you know it's time to grab the popcorn when some comments are entire paragraphs
Factz
@william bush true research is unknown to these peoples, they are unaware and will forever be if they take this vax
Well, Mr Beat makes shitty arguments.
i always scroll for the "show more".
Popcorn and tea
Mr. Beat, how dare you refer to it as the State of Massachusetts. It’s the Commonwealth of Massachusetts. This channel is absolutely unwatchable! (Just kidding, keep up the great content)
lol my bad
commonwealth referencing the crown?
@DEPLORABLE 961 Nah they already have Fema Camps & Detention Centers ready and waiting to fill.
@DEPLORABLE 961 I follow Q and Bitchute.com shows the vides YT will not allow.
@DEPLORABLE 961 Thank you!
There are some genuinely delusional people in this comment section
like yourself
True...
Mr Beat, can you please make these following videos:
'Malaysia and Indonesia Compared'
'What is Social Democracy?'
'What is Christian Democracy?'
'Johannesburg and Cape Town Compared'
'Milan and Rome Compared'
'Delhi and Mumbai Compared'
'Beijing and Shanghai Compared'
'The Nonpartisan League of North Dakota'
'Slovakia and Slovenia Compared'
'Kenya and Tanzania Compared'
YES KENYA AND TANZANIA
So many good suggestions there, but "The Nonpartisan League of North Dakota" really caught my attention.
@@iammrbeat yes please do it
Maybe you should add Philippines and Indonesia compared since they are both archipelago.
I really enjoyed this video! I loved how detailed everything was. Unsubscribed.
Um you should check your last word
Or subscribe
WHY YOU SON OF A-
@@iammrbeat 😂
What part of "Supreme Court 'Briefs' " do you not understand?
Oh yes, Supreme Court briefs
It's been awhile since we got another Supreme Court underwear episode. :)
@@iammrbeat Supreme Court Briefs is my favorite of your series, always super interesting to see how laws and the courts come to conclusions and set precedents!
@@RemixedVoice when do you fall on the compass ?
@@iammrbeat Just keep it short(s).
The greater good is impossible to tell without a time machine.
Ahh yes, the greater good and public safety. The age old cry of the oppressor.
@@lancevance5907 ‘we gotta hang these witches in salem! I know they say they’re innocent but It’s for the safety of the public!’
@@lancevance5907 Don't forget the right side of history lol
I love how you respond to nearly every comment with a question that can easily spark a debate.
I'm honestly just so tired of folks thinking they have it all figured out.
Don’t worry, he’s all fired up reading these comments.
@@iammrbeat Yet you do?
@@th3azscorpio Nope. Nice try, though.
@@iammrbeat Well at least you're honest.
YES! Exactly what I needed to relax before AP Spanish! Amazing supreme court briefs as always!
Good luck on your exam, and thanks for the kind words. :)
@@iammrbeat :)
When should vaccines be mandatory?
Now and forever
almost always
Always mr beat
I think it clearly falls under the states' police power to protect public health.
Never
This case is back in the news, with the rollout of the Pfizer coronavirus vaccination given emergency approval.
Holy shit this is so relevant now
Wonder if lawmakers will use this case with regards to the ongoing Covid situation
They better
Oh they absolutely will.
I agree with you, Mr. Beat.
@@iammrbeat yeah, I mean there is no way that won't
@@iammrbeat It won't apply as far as rulings, but the court here basically punted and said, here are a bunch of things to consider. On balance, its super obvious which way is correct because its smallpox. Beyond the Court saying you cannot force someone to vaccinate, there isn't anything that's binding and applies to all vaccines or diseases. I don't trust the courts to do science well. I predict the court if it goes up, depending on the facts will do a similar ruling here, and just try to come up with a balanced approach although leaning on the more cautious side, and issue some strong warnings to listen to doctors in the obiter dicta. I highly doubt this nor Zucht v King will be thrown out entirely.
Yo I was at the edge of my seat to hear what the Supreme Court had to say
I mean it’s not that hard to know that they sided with the city govt, cause if they didn’t the CDC wouldn’t likely exist, and states wouldn’t require public school districts to get kids vaccinated.
After binge watching all other 52 Supreme Court brief videos in one sitting, finally glad to have more 🙌🏻
if smallpox was around today id take that vaccine in a heartbeat but covid 19? no way!
They had cow pox which was similiar enough to create an immune response. There is probably a cold virus they could give you which would give you protection, they should be doing that instead of an RNA experimental vaccine.
My favourite innoculation is how vaccine manufacturers in the US are innoculated against lawsuit.
Cheers! 😂
🍻
As your videos ALWAYS are, this was informative, exciting to watch (you have a knack for grabbing your viewers attn) and was all around a pleasure to watch. I have friends who homeschool and after introducing them to your content, your videos are a significant part of their lesson plans. THANK YOU for being such an Integral part of educating our children
Thank you so much, Heather. That is amazing!
It's important to remember that the outcome of Jacobson v. Massachusetts was not that Jacobson was forced to be vaccinated...but that he was forced to pay the $5 fine. Granted, it was a lot of money at the time, but was not forced vaccinated.
But it couldn't possibly just be all about the money, right?
Vaccine mandates don’t force you to get vaccinated.It’s either you get vaccinated or suffer some material consequence(fine,inability to go somewhere or loss of employment).The government would never tie somebody down just to vaccinate them.
@@rouskeycarpel1436 if its choosing between your livelihood and a vaccine, that's still force. Sure they're not tying you up a d injecting you but they're not giving you much of a choice either. And this is the first time they've basically given most people in most places essentially no choice. Vaccinate or starve isn't a choice
@@rouskeycarpel1436 it's still forced vaccination because like you point out, anti vaxxers will likely be restricted from traveling to places they need to be. Meaning to make money and live you have to take the vaccine.
It also sucks when businesses side with the government
@@rouskeycarpel1436 that just sounds like coercion
@@darkkiller_2127 That’s not coercion.If any branch of government passed a law stating if you weren’t vaxxed you’d be jailed that would be coercion.But if you claim to believe in a principle so dearly you shouldn’t have a problem paying a fine to uphold it.
"The rules were written by man. Surely they can be unwritten."
I guess I’m going to the gulag.
huh? You just need to pay a $5 fine
Question: Did Jacobson get vaccinated or still refused after this supreme court case?
I wish he answered this question in the video too!
He still refused and had to pay $5 fine but he did not have to take the shot. Watch The corbett report on yt. He had it on one of his episode's he 's the best or one of the.....
No idiot pays the fine then get vaccinated
He had to pay the $5 fine($157 in today’s money).Even for states and cities who do have the vaccine mandate;you don’t have to get vaccinated,it’s just there’ll be some repercussions if you don’t.
Where are you on your brief list? I know I suggested Youngstown Steel(or just the Steel Seizure Case) awhile ago. Also, I'll add another if you want a more recent case to look at, Carpenter v US(2018) which is the most recent landmark 4A case.
Both of those cases are on my long-term list. However, the next brief I got planned is Katz v. United States.
@@iammrbeat Makes sense you'd do that next. The biggest 4A case ever. Glad to know Youngstown is on there. I know you're a big Truman fan and you said back then you hadn't heard of it.
@@iammrbeat Iowa vs. Missouri!
Love Supreme Court briefs!!!
Glad you dig them. :)
In my opinion I think the government shouldn’t force you but should encourage
However if the government makes vaccines mandatory I wouldn’t mind
Hey, Mr. Beat! How the heck are you today? Also, can you please do a video on the story of the 2007 Writers Guild Strike?
I'm good. Thanks. :) And thanks for the suggestion.
My husband got a smallpox vaccine for the military. He’ll tell you it makes you feel crummy for a couple days. Still better than getting smallpox
Sounds like the COVID vaccine
@@ranelgallardo5343 kinda like that with a lotta vaccines
Confirmed
@@ranelgallardo5343 It's nothing like the Covid-19 vaccine.
The next time this case shows up melisa McCarthy is going to be a witness.
America : Land of the free
Also America: "agree to terms and conditions"
It's called the American Dream because you have to be asleep to believe it.
land of the fee
"They could be fined not forced" is this opinion of just one justice or whole supreme court?
I would like to know as well as that part confused me!!!
Great question
And I'll fire back with prosecutorial misconduct allegations and move to dismiss the charges and walk
I'll tell you what I know based on the little bit of information I came across about this case. Jacobson was technically not found to be wrong and never received the vaccination. The $5 fine for his disobedience and rebellious actions against the government only resulted in a $5 fine.
It was the opinion of the majority
This sounds rather similar to nowadays...
ohhh yeah
History repeats. The fact that this 120-year precedent is a hot button issue today, says a lot.
@@iammrbeat its much worst this time its aimed on total control and manipulation of the mind and much more, avoid it like the fire
Excellent analysis for a non-lawyer. You cannot be forced. You can be fined. You can make it a requirement of employment or continued employment and you can refuse (and either not gain or lose your job), but you cannot be forced.
It's STILL forced, dude.Just with a financial sanction...
@@newyorkfan16 that's still your choice
If you can decide to be a potential threat to others, they can decide not to hire you
Simple as that
@@JosilyneTwigg I don't decide whether or not I'M a potential theat. They do. The employer does. and for some incomprehensible reason, they assume the WORST of people. They don't look at potentional success. They see a number, a bar code, a tax identification number. Why don't you try examining things from a broader perspective rather than just what makes you comfortable, or just observable from a distance?
This is why I NEVER listen to women or even gay or feminized/weak men. The people these demographics are impressionable, agreeable, submissive, subservient to authority. They will NEVER question authority, no matter how draconian, or invasive on human rights the policies that they abide by, are.
Being fined for not having a government mandate IS a form of force. Just because it has a health reasoning behind it, DOESN'T mean it's not forced. It's a form of coercion. It's like when you people hear the word "health," and even more pervasive the word "safety" all of a sudden your ethos kicks into overdrive, and logic goes COMPLETELY out the window.
This nonsense coming from a man. When men don't naturally care about crap like "health" and "safety." Women do. Women are risk adverse people. They need government, because they are incapable of taking care of themselves WITHOUT government. Men actually HATE government. Men are self-sufficient people. Men didn't care this nonsense, until they started listening to women. i.e., "When mommy's happy, everybody's happy." And now 65 years later, we're now a nation of wimps and losers, with a tyrannical overreaching government.
Thank you Mr. Beat!
At 4:27 you say “…organization that eradicated* small pox.” I do not believe that to be accurate.
I do, however, enjoy your productions. 🎉
Good luck on the flood of super healthy mom's on their 8th child already here to show you how good natural lotions are! While their child drowns in the pool.
Well that got dark quickly.
@@iammrbeat dark but so true
What is happening here?
You should compare thriving or "dying" Midwest cities
Some things just never change
Mr. Beat did you get Covid?
Can you cover Gonzales v. Raich Supreme Court decision? It’s certainly an interesting case
I plan on it eventually!
Can you do Lochner v. New York or Snyder v. Phelps?
Yes and yes. Both were on my list anyway! :D
He paid a 5 dollar fine but did not have to take the shot . The tyranny is alot worse now probably be more like you cannot work or go to store
When the makers of them disclose every ingredient and will take full liability if one is injured.
but they won't.
I understand Henning Jacobson ultimately paid the $5 fine after he lost his case in the Supreme Court, but did he ever get the vaccination?
No he did not
"Those who did not get vaccines literally endangered the lives of others".
1. If others were vaccinated then how are they endangered?
2. If by others you mean others who were not vaccinated, then surely that is their decision to live under those terms.
Many people can't get vaccinated do to pre-existing medical conditions. These people usually already have poor immune systems and are thus more suceptible to various diseases.
some people can’t get vaccined idiot
@@arno2083 Fair enough, I suppose then that those people are endangering others also.
Tell me, if a man falls onto train tracks and 3 women see him fall and stand and watch, and he is shortly after struck by a train and killed, are the three women responsible for his death?
They did not act to save the man, yet they did not cause the incident.
Some people have their own reasons for not wanting vaccines, and that to me is the same weight as someone who is unable to due to "medical reasons".
Free will.
@@ayden6899 That's their problem, not mine. You try to make it mine and that automatically gives me Second Amendment rights to end you, LOL!
@@mdl7646 dude, how can one human being be so selfish, you could kill someone because you don’t want to possibly get a headache from a vaccine
Let’s gooo Supreme Court case video
Let's gooo bruh!
Mr. Beat, can you cover Nintendo vs Universal for the next Supreme Court Briefs?
That would be awesome!!!
Thanks, Mr. Beat! Great video as always!
Do you think there's any hypocrisy holding the position that one shouldn't be forced to get a vaccine, but that abortion should be illegal; or those with the opposite opinion?
That is a ridiculously tough question to answer. :)
I’m going to give my perspective as I am pro-choice but somewhat agree that vaccines should be mandatory. Not getting vaccines can hurt more than just the person not getting them. Many people can’t get vaccines for what ever reason so if people who can get vaccines don’t, they are hurting society. In abortion, there is only one body being affected. So abortion is affecting only one person as not getting vaccinated can possibly affect many others.
@@richardbiggums6800 Except when a flu shot disabled or kills you and deprives you and and your family of your life and contribution to theirs. Beware. They're poision. The ingredients are toxic, filthy, and abominable. ☠️💉🏴☠️
@@richardbiggums6800 So the fetus is not a body, even a full term? What drugs are you on? Or maybe those vaccines you willingly took?
You can't do this behavior vs. You have to do this behavior
So he paid the five dollars and went home, case closed!
That was $157 back then.
wasn't there a new case about this, should we be updated?
I’m surprised that this video doesn’t have millions of views based on its relevancy to events today
they should be mandatory unless a medical condition
Yes
Wrong
@@parzival9651 right
What happened to my body my choice? Bodily autonomy is important.
It is a mandatory in most of the world. Mandatory vaccination is one of the many reasons people in the 2nd and 3rd World countries had huge decreases in preventable disease infections and infant mortality, even if held back by lacking infrastructure and poverty.
Fascinating video Mr. Beat, or maybe I should say it’s “vaccinating!”
Seriously though, it’s super interesting as there are whispers of positive developments towards a covid vaccine. Thanks for the upload. And by the way, I dig the new hair style.
Vaccinating comment. heee hee But thank you! And Mrs. Beat gave me a haircut, so I will let her know you said that. :)
You mean a vaccine for SARS-COV-2?
Interesting thing about the word "vaccinate": we in the medical community prefer to use the word "inoculate" which is technically more correct. The word "vaccine" is rooted in the word for "cow." Dr. Jenner derived his small pox inoculations from cox pox pustules. Hence, we use the word "vaccine" and "inoculate" interchangeably. From the French: "vache" is "cow"; "vachon" is a "cow herder" or "cowboy." The words in Italian and Spanish are similar.
It’s not just religious reasons it’s also medical reasons.
No medical or religious reasons are valid. Except for those too immunocompromized to handle the vaccine.
I would like for government to identify and publicize a clear and unambiguous method of evaluating the costs and benefits of public health measures and determining when the benefits exceed the costs.
For example, we could compare the money lost after an implementation of a public health measure to the money gained.
Oh My God I live near Cambridge!
I miss Mayor Mumbles.
I love the Boston metro. I want to go back.
@@iammrbeat The Boston metro barely works lol. And to respond to the above comment, how dare you.
The English Cambridge is the only true Cambridge
Supreme Court Briefs!
It finally returns.
Why are vaccine companies exempt from damages suffered?🤔
Oh my gawd! Comments AREN'T turned off?
Please make a video comparing Moscow and St. Petersburg!
Right on. It's been on my list for awhile.
I had my MMR vaccine and still got shingles that's very strange
It's not a cure-all.
@@iammrbeat I was told it was by the doctor interesting
Did you get chickenpox as child? Because if you didn't and you got shingles, that is very strange indeed!
@@OpinionesDeJACCsOpinions yes twice
Mmr is for mumps measles and rubella. Of course it will do nothing for shingles. It's not a chicken pox or a shingles vaccine
I love the song
Mr. beat, I’m loving your videos. But for technical purposes it’s better for me to listen to these things on podcast or less data consuming means. Do you have a podcast up anywhere???
I have a podcast debuting next week actually! Stay tuned. :)
Hooooo boy. This comment section is gonna be a bloodbath
Vaccines work so well that some people forgot the time before vaccines were like.
Yep they can
Hey, I’m a Jacobson and I approve this message. #GetVaccinated #SaveLives
please do a video on the history of anarchism
Oh yeah?
Anarchy. The freedom to be a victim of anyone or any group stronger than you and nobody can do a damned thing about it. Popular with those who cannot or will not compete in a meritocracy.
Seen all episodes, glad for a new one. Anyway, kids should be vaccinated to help them, but if the parents refuse, they should be accountable in the death of the kid, if the kid gets sick. so, no the Government won't force you, but you should only not do it, for good reasons, such as allergies. But adults have a choice
That seems reasonable to me. And holy crap, thanks for watching every episode. :)
A very difficult question! l strongly believe in vaccinations against deadly diseases; l always am vaccinated myself. But as for forcing others to do so, true, it goes against public safety not to do it. But, ...
In the photo at the one minute mark, the fellow with the mustache is the barber from the Andy Griffith show, no?
I'm reminded a bit of that preacher in Virginia who was all "We don't need to social distance and wear masks, God will protect us all!" He recently died from C***D-19.
I hadn't heard of this dude. That's crazy.
@@iammrbeat If its the one I've heard of, he was also claiming COVID was a punishment from God for the sin of Homosexuality. Which I thought was a very complicated way of coming out, but I'm a liberal European so what do I know about Bible Belt homophobia...?
@@daveharrison4697 nasty
Great video Mr Beat
Thanks Ermes :D
Man I wish I had a teacher like you
please do shuttlesworth v. birmingham!
So let's see if I got that right!
If you paid the fine, everything was settled and you became immune! Wow! That's pure genius!
Libertarians are sooooo nutty
What do you mean by "libertarian?"
@ALEXANDRIA OCASIO-CORTEZ what poison? Rat poison? Because I'm sure that will kill you.
@ALEXANDRIA OCASIO-CORTEZ You going away will be just fine with us too. If you don't want to take the "poison", people get to exclude you from public because it is not your 'right' to be a disease vector around others.
Hey, i think your the guy that our teacher showed a video about you, it was also a supreme court case, though i don't know the name.
Awesomeness.
Well, this video escalated quickly . . .
I do not feel comfortable with this Bill Gates vaccin in particular.
Cases like these are proof that there’s a big difference between individualism (thinking for oneself) and egotism (thinking for oneself at the expense of others), for the latter can endanger long-term prosperity for and the wellbeing of everyone (including the individual).
JimtheEvo channel has excellent lectures on Disease and vaccination.
He is a PhD MD in UK.
When should watching Mr. Beat be mandatory?
effective immediately
The court was bought out
As a vaccine Supporter for COVID-19, I believe that Jacobson v. Massachusetts should be challenged for an updated perspective by the Federal Government.
It's been around 100 years and it might be time to revisit this Supreme Court Ruling on all sides of the Isle.
I believe both sides, even the sides I disagree with, deserve a long overdue voice in this current landscape.
Jacobson vs Mass was a 10th amendment case. What are you are suggesting wouldn't muster basic standing.
@@lancevance5907 I had to refresh myself on what I was feeling on the subject at the time.
I appreciate your question to review my original comment. I actually have no objection to the current Standing of Jacobson v. Massachusetts.
I believe the point I was trying to make was that if a case ever came to the Supreme Court challenging Jacob v. Mass, it would set the standard on current law and give further context to the current state of affairs my country is currently going through, with the hopes that the current Standing be in place.
@@lancevance5907 I must ask, how do you feel about this ruling, both if you were alive at the time the ruling was made in that state of the country.. and how you feel about it in the 21st century.
I'm genuinely curious
@@neor14 You have no current objection to Jacobson vs Mass? You do understand this law was used as a justification for the sterilization of U.S. citizens? Right?.
If Jacobson vs Mass were to go back today, I highly doubt it would stand constitutional muster today.
@Second Wind I did not know that it was used as justification for sterilization of U.S. Citizens, but I find that hard to believe. Do you have any studies or evidence of this as it pertains to Eugenics? And I'd love to hear @Mr. Beats theory on this, because this sounds like it needs more contextual evidence. I absolutely don't doubt it though.
As for what you said about it not holding up to constitutional muster.. I may be a fool for not agreeing with you two months ago but I absolutely agree it probably wouldn't hold up if it were decided tomorrow.
Lol the timing of this
Smallpox with an overall historical morality rate of 30% versus a COVID mortality rate of roughly 3% (mostly those over 60 or having significant secondary health issues) and dropping. Certainly, specific vaccinations should be mandatory to receive certain public services, unless health or religious reasons prevent them. However, for COVID it should be about as mandatory as the seasonal flu shot.
Way less than 3
3% is still a lot more than the percentage of people who suffer permanent health issues from being vaccinated.
Far more dangerous is to allow the reproduction of those less well off or underprivileged. I mean, they could be subjecting generations to horrible living conditions!
- your brain on Jacobson v. Massachussets
Absurdity, World Health Organization
Yeah, if you are in the military.
Can you do the difference between a King and a Tsar? My teacher mixes that up whenever she talks about russia and it kind of annoys me, maybe you could spread the knowledge that they are in fact, not the same and far from it. Thank you!
Greater good? Lol, no, not great or good. And I usually hate "liberty" (anarchy), I just hate coreuption more.
those smallpox pictures made me whince
Yep, that's why I included them. Smallpox is horrifying.
@@iammrbeat very effective
do more states vs states if you can... nd more videos on things like this,
Yes. But this was a relatively fact specific case. The Supreme Court had said that it was possible for a forced (coerced via fines) vaccination to violate a constitutional rights and not accomplish the stop people from dying and thus fail strict scrutiny. The whole point of vaccinations is to stop other people from dying from deadly diseases, and if you can stop a bunch of people from passing on the disease and causing countless pain, suffering, and death, then under strict scrutiny the answer might be yes. Jacobson basically claimed an exemption, and said they were ineffective and would cause severe harm, but the court was like, now we aren't doctors, but the health board, which had doctors and public health experts on it said there is no evidence of his claims, and we have strong evidence against his claims, so we are going to rule against him on that. If he did have a legitimate reason, and got it documented with proof and a doctor to vouch for him, like he was supposed to, then there we be some evidence to examine, but there isn't. This case had all the factors going for it as far as leading to its result. The court noted that there were some reasons that worked against Jacobson, and noted that there may be a possibility this doesn't pass strict scrutiny. But some of the reasons included: we know the vaccine works. There is a local epidemic. We know the disease is super deadly, painful, and spreads quickly human to human. This disease is easily eradicable (relatively speaking), and we can save lives because the time between infection, symptoms, and death are quite narrow without an incubation period, this disease cannot survive outside of the human body for long and doesn't have animal carriers (I'm not sure if the court knew all of this). This person who is claiming this is a severe unacceptable violation of his constitutional rights is making a claim that its not safe. We know it is relatively safe. You are a young healthy male, who has no demographic reason to think he shouldn't get it. He claims personal health reasons not to, without any evidence, and examination by smart people who know more than I doesn't suggest any reason not to. Smallpox is unique in that you can't really find an excuse not to get the vaccine in this case. Actively searching for a reason not to is a fools errand. Now that being said, this case was reaffirmed in zucht vs king, which was a Texas case about the public school's district's (and private school's) right to deny students based on public safety for when a person similarly situated refused to let their child become vaccinated. It was smallpox as well, and the dangers were real as well. The Court used the same/similar reasoning, and interestingly enough, the private school's rejected on the same grounds, but only the public school was sued, although the court noted in its dicta that the private school can reject because they are private schools, but they too similarly in a hypothetical could use the exact same reasoning. This implies that the right to do something like that extends to private schools. With Ebola, it probably would fail strict scrutiny for the obvious reason that its not in the USA, there are animal reservoirs, so its not even clear if vaccinations would accomplish eradication, although it is noteworthy that bats an animal reservoir, and they are mostly uncommon/rare. Also Ebola is much harder to spread, although it is a deadly disease. So those reasons would lead to a failing under strict scrutiny.
I'm vaccinated and I will take vaccines in the future. that said I can't, in good conscience, get behind the idea of the government having the power to force vaccination upon the individual or otherwise sanction his freedoms if not compelled to conformity.
For some viruses, herd immunity won't happen unless everyone gets a vaccine.
@@iammrbeat I understand that.
Although I think everyone should get vaccinated I dont think it should be government mandated
It is a matter of public health, though. If someone wants to risk his/her own health, fine; that is their right. Why is it OK to risk other people's health?
Well the gov are still at it which means we're screw still.
That was my first thought, too.
Thank you so much for this video Mr. Beat. Great job. You can sorta tell your point of view from some of your vocal inflections.
If anyone decides you want to home-school you will have to leave the state. You will still be paying school taxes so what sense will that make? They provide you NO service and still collect tax from you.
Comparing this C19 situation, especially after we know the CDC lied, is not an apples to apples comparison and makes this analysis (and many others) look absolutely sillty.