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Li Jing, The Game between the Power of Public Health Administration and People's Freedom in the United States

2020-12-03

   From the second half of the 19th century to the beginning of the 20th century, the new public health management was needed in the United States because the country has changed into an industrial and urban society. The control by different levels of governments of the U.S. in the field of public health conflicted with the individual rights of people, and the most typical example was the anti vaccination campaign triggered by the compulsory vaccination policy. As the climax of this movement in the judicial field, Jacobson V. Massachusetts reflected the difficult balance between individual rights and public interests in the public health field during the period of social transformation of the United States. The decision of the Supreme Court affirmed the authority of the state government adopting the police power to protect the public health, and set a framework of preventing the government from violating individual rights in the name of the public health. As a landmark in the U.S. public health law, this case established judicial principles which influenced the development of the American public health law. Besides, the shift in the anti vaccination campaign after the decision of this case demonstrated that it cannot be possible to win people's trust in mandatory public health policies by merely depending on the legitimacy of authority.