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Can officials require vaccinations against measles? A century-old case may give them a foothold

In 1902, a Massachusetts man defied an order to be vaccinated against smallpox. He went to court, and lost.

When New York’s health department announced this week that it would mandate vaccinations in parts of Brooklyn to quell a ballooning measles outbreak, it was not the first to take such a step. In fact, its legal basis for the rare effort may be predicated on the actions of Massachusetts authorities who tried — and succeeded — in doing so over a century ago.

In 1902, a Massachusetts man defied an order to be vaccinated against smallpox despite the fact the dangerous disease — since eradicated, thanks to vaccine — was spreading in Cambridge. The fight that ensued between the Rev. Henning Jacobson and public health authorities became a pillar on which public health powers have relied since the Supreme Court handed down its ruling in the state’s favor three years later.

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