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News (Media Awareness Project) - US PA: Editorial: Random Drug Testing
Title:US PA: Editorial: Random Drug Testing
Published On:2002-12-04
Source:Times Herald, The (Norristown, PA)
Fetched On:2008-01-21 18:15:35
RANDOM DRUG TESTING

We encourage the Pennsylvania Supreme Court to rule in favor of the Milford,
Pa. couple seeking redress for the violation of their daughters's right to
privacy.

Random drug testing is, or at least it should be, considered
unconstitutional under the Fourth Amendment, which reads, "The right of the
people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no warrants
shall issue, but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons or things
to be seized."

The Fourth Amendment to the Constitution is very clear, and yet it has been
interpreted in a variety of ways by our courts. We hope the Pennsylvania
Supreme Court does not follow suit.

Unfortunately, the U.S. Supreme Court upheld a random drug testing policy
that requires tests for all students involved in extracurricular activities.

This is discriminatory in its very nature. Athletes, band members and indeed
members of the debate team are being singled out.

The Pennsylvania case now being heard by the state Supreme Court involves
two students, from the Delaware Valley School District.

It should be noted that both students, sisters, tested negative after
submitting to the random testing in 1999.

We commend the parents of these students for continuing to push the issue,
and we encourage all parents to contact their local lawmakers and ask that
random drug testing be removed from our schools.

Random drug testing is the ultimate violation of our right to privacy.

Would hard-working tax-paying Americans submit to random searches of their
homes? Absolutely not. And yet we allow the random searching of our
children.

Perhaps we should allow police to randomly stop vehicles and search them.
How about passing a law that permits state or federal officials to enter any
office they want at any time they want to conduct searches of the premises.

The Fourth Amendment clearly states that searches shall not be conducted
without warrants, and that warrants shall not be issued without probable
cause. Probable cause cannot be found in random cases.

How did we get to the point where it is permissible for random drug testing
to be forced upon a teenager who simply wants to play a little football or
field hockey after school?

We implore the Pennsylvania Supreme Court to be the first to reverse this
most egregious law. And the first step in that direction can be taken by
siding with the couple from Milford who are doing the right thing for their
daughters, and for all of us.
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