Class Action Suit Aims to Restore Parental Rights
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An organized effort to secure the constitutional protection due Missouri's
parents has begun.
For several years the state of Missouri has denied parents the right to make
medical decisions for their children in the area of vaccinations. Although
medical and religious exemptions to the state's mandatory vaccine laws are
available, the state still exercises its police power to force parents into
accepting the administration of vaccines to their children. Medical
exemptions are difficult to get and many parents can not in good conscience
claim a religious exemption even though they do not think vaccines are in
the best interest of their children's health.
The act of mandating vaccines is legally recognized as an infringement of
the constitutional rights of individuals. Such infringements have
historically been deemed within the appropriate police powers of the state
when the infringement is minimal and when that infringement is considered
essential to accomplish some great necessary good for society as a whole.
The landmark Supreme Court decision, Jacobson v. Massachusetts (1905), was
written within the context of an "epidemic threatening the safety of all" -
The court found in favor of the defendant, the state, as they deemed the
state's claims to be within the principle outlined above. An excerpt from
the court's opinion reads:
There is, of course, a sphere within which the individual may assert the
supremacy of his own will and rightfully dispute the authority of any human
government, especially of any free government existing under a written
constitution, to interfere with the exercise of that will. But it is equally
true that in every well-ordered society charged with the duty of conserving
the safety of its members the rights of the individual in respect of his
liberty may at times, under the pressure of great dangers, be subjected to
such restraint, to be enforced by reasonable regulations, as the safety of
the general public may demand. (emphasis added, RC)
We believe that there is no "great danger" to society from any of the
diseases for which vaccines are presently mandated and those mandates are,
therefore, unconstitutional infringements on the rights of individuals.
A case will be made for the belief that a "great danger" would develop in
the absence of the vaccines. Of course that is highly speculative in most
cases and is definitely not true, by anyone's estimation, in the case of
tetanus since tetanus is not communicable.
The significance of this case should not be underestimated. It will likely
not only affect Missourians, but also residents of other states. Likewise,
it will likely affect parental rights in other areas, like to the right
decide other types of medical treatment and the right to educate children
at home. Winning this case will help to reestablish the (previously) long
held American principle that the state have a "compelling interest" before
it infringes upon personal liberty.
We have enlisted the aid of an attorney who is experienced in the litigation
of vaccine cases. He is interested in our cause and is willing to absorb
much of the cost of litigation. In spite of his generosity, we still need
to raise about $20,000 to prosecute the case. In addition, this will be a
class action suit, so participants who are willing to be named on the suit
Please consider participation in both ways. If you are interested, please
contact Ron Calzone at (573) 759-7556 or firstname.lastname@example.org.
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Missouri Citizens' Coalition for Freedom in Health Care
P.O. Box 190318
St. Louis, MO 63119-0318