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News (Media Awareness Project) - US: Supreme Court Says It's OK To Drug Test Students
Title:US: Supreme Court Says It's OK To Drug Test Students
Published On:2002-06-27
Source:Tahoe Daily Tribune (CA)
Fetched On:2008-01-23 03:09:08
SUPREME COURT SAYS IT'S OK TO DRUG TEST STUDENTS

The U.S. Supreme Court on Thursday approved random drug tests for many
public high school students, but the chief of the Douglas County School
District said the vote will not likely affect pupils next school year.

John Soderman, superintendent of Douglas County schools, said he has no
immediate plans to begin drug testing students.

"It's something we can take more time to consider," he said.

Athletes, band players and speech and debate club members are school
activities students and must sign a substance abuse policy contract,
Soderman said.

The 5-4 high court decision would allow the broadest drug testing the court
has yet permitted for young people who are not suspected of illegal
behavior.

The rule only applies to students involved in after-school activities since
they represent the school during competition.

"We find that testing students who participate in extracurricular activities
is a reasonably effective means of addressing the school district's
legitimate concerns in preventing, deterring and detecting drug use,"
Justice Clarence Thomas wrote for himself, Chief Justice William Rehnquist
and Justices Antonin Scalia, Anthony Kennedy and Stephen Breyer.

"The particular testing program upheld today is not reasonable, it is
capricious, even perverse," Justice Ruth Bader Ginsburg wrote for the
dissenters.

Douglas County District Judge David Gamble glanced at the decision and
wondered about the reasoning to test a portion of students and not a
school's entire student body.

"I think the level of drug use -- even in our small community -- and the
level of drug transactions in our schools is high enough ... to justify a
Fourth Amendment search, without probable cause, to protect the kids and
integrity of the school system," Gamble said.

"I would agree with the majority that it's justified to test these kids,"
Gamble added. "I would question whether if it's not justifiable to test the
rest of the kids."
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