Smallpox: The Precedent
The Biggest Achievement In International Public Health
Smallpox afflicted human beings for over 2,000 years. Smallpox was a devastating disease. About 3 out of every 10 people who got it died and survivors were usually left with scars, which were sometimes severe. The CDC web site describes how smallpox led to the development of vaccination:
One of the first methods for controlling the spread of smallpox was the use of variolation. Named after the virus that causes smallpox (variola virus), variolation is the process by which material from smallpox sores (pustules) was given to people who had never had smallpox. This was done either by scratching the material into the arm or inhaling it through the nose. With both types of variolation, people usually went on to develop the symptoms associated with smallpox, such as fever and a rash. However, fewer people died from variolation than if they had acquired smallpox naturally.
The basis for vaccination began in 1796 when an English doctor named Edward Jenner observed that milkmaids who had gotten cowpox did not show any symptoms of smallpox after variolation. The first experiment to test this theory involved milkmaid Sarah Nelmes and James Phipps, the 9 year-old son of Jenner’s gardener. Dr. Jenner took material from a cowpox sore on Nelmes’ hand and inoculated it into Phipps’ arm. Months later, Jenner exposed Phipps a number of times to variola virus, but Phipps never developed smallpox. More experiments followed, and, in 1801, Jenner published his treatise “On the Origin of the Vaccine Inoculation,” in which he summarized his discoveries and expressed hope that “the annihilation of the smallpox, the most dreadful scourge of the human species, must be the final result of this practice.”
Vaccination became widely accepted and gradually replaced the practice of variolation. At some point in the 1800s (the precise time remains unclear), the virus used to make the smallpox vaccine changed from cowpox to vaccinia virus.
Almost two centuries after Jenner published his hope that vaccination could annihilate smallpox, on May 8, 1980, the 33rd World Health Assembly officially declared the world free of this disease. Eradication of smallpox is considered the biggest achievement in international public health. The 40th anniversary of freedom from smallpox was recently celebrated. The very success of smallpox set the stage for problems as discussed below. Xun Kuang once said, "Pride and excess bring disaster for man."
Legal Precedent: You Can Be Forced To Be Vaccinated
In 1902 the Board of Health of the city of Cambridge, Massachusetts adopted a regulation ordering the vaccination or revaccination of all its inhabitants or the payment of a $5 fine or imprisonment. That would be over $150 in 2020 currency. Cambridge Pastor Henning Jacobson had lived through an era of mandatory vaccinations back in his original home of Sweden. The vaccination had gone badly and he was left with a lifelong horror of vaccination. [Vaccinations have always had negative outcomes for a small percentage of those who experience them despite claims to the contrary.] The case went all the way to the Supreme Court. In a 7-2 decision the court determined that the safety of the general public trumped the liberty of the individual and vaccination could be coerced. The court left the decision to the medical authorities who differed on the safety of the vaccination and on the elected representatives of the community.
Finally, the Court acknowledged that, in "extreme cases," for certain individuals "in a particular condition of ... health," the requirement of vaccination would be "cruel and inhuman[e]," in which case, courts would be empowered to interfere in order to "prevent wrong and oppression." Jacobson was denied exemption from vaccination.
This 1905 court decision became the basis for mandatory vaccination by legal authorities and is used to force compulsory vaccination of children in order to attend school. Three years after the 1905 decision the Anti-Vaccination League of America was founded in Philadelphia to promote the freedom to refuse vaccination. The League argued that we have rejected religious tyranny and political tyranny, but this decision established medical tyranny.
This decision has been reaffirmed by the court in numerous cases. In 1922 the court affirmed the requirement of vaccination to be admitted to school. In 1927 the decision was extended to the forced sterilization of the mentally retarded. In 1995 is was used to allow random drug testing of students.
Repercussions: Why It Is A Problem
In 1986 the National Childhood Vaccine Injury Act was passed and signed by Ronald Reagan. So many court cases were filed against vaccine manufacturers that they sought relief from Congress. The law limits claims to $250,000 and requires strict criteria to receive “no-fault” compensation. The government rather than manufacturers pay successful claims. There is obviously incentive to keep payments down so compensation for some conditions which are almost certainly associated with vaccinations, such as autism, are rejected outright since the common view of the medical profession is that autism is not associated with vaccination. The freedom from legal liability for damages has been a strong incentive to multiply required vaccinations of children and military personnel. There is also little incentive to investigate the safety of multiple immunizations as manufacturers are shielded from liability for damages.
Vaccine manufacture is a very profitable business. The government mandates the product, pays for it, and shields manufacturers from any damages resulting from use of the product. The very real possibility exists that the government, influenced by pharmaceutical firms, has or will mandate a vaccination which will seriously harm a large portion of the population.
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