News (Media Awareness Project) - US TN: Editorial: A Tough Drug Decision For High Court |
Title: | US TN: Editorial: A Tough Drug Decision For High Court |
Published On: | 2002-03-21 |
Source: | Chattanooga Times Free Press (TN) |
Fetched On: | 2008-01-24 16:44:31 |
A TOUGH DRUG DECISION FOR HIGH COURT
No one seems to claim it is "an unconstitutional search" to require school
students to be checked to prevent guns from being taken into schools. But
with drugs a most serious threat to youngsters, the U.S. Supreme Court this
week heard arguments that will require the justices to make a tough
decision on checking students for drug use.
In 1995, the Supreme Court ruled 6 to 3 upholding a rule in Veronia, Ore.,
that required student athletes to pass drug tests. The current case
involves the requirement by Independent School District No. 92 of
Pottawatomie County, Okla., that students seeking to take part in
extracurricular activities -- such as band, chorus and Future Homemakers of
America -- be drug-free.
Oddly in this case, kids who don't aspire to extracurricular activities --
possibly more likely to be drug users -- are not tested. Arguments before
the court broadened to involve questions about both limited and general
testing. Do tests of students violate the Constitution's Fourth Amendment
protection against "unreasonable" searches?
Justice Stephen G. Breyer noted, "No one is arrested."
It does not seem to be unreasonable or unconstitutional for all students,
not just those in some activities, to be required to comport themselves
legally. Banning drug use from schools, like banning guns, should be
allowed, with general or random tests to be sure.
No one seems to claim it is "an unconstitutional search" to require school
students to be checked to prevent guns from being taken into schools. But
with drugs a most serious threat to youngsters, the U.S. Supreme Court this
week heard arguments that will require the justices to make a tough
decision on checking students for drug use.
In 1995, the Supreme Court ruled 6 to 3 upholding a rule in Veronia, Ore.,
that required student athletes to pass drug tests. The current case
involves the requirement by Independent School District No. 92 of
Pottawatomie County, Okla., that students seeking to take part in
extracurricular activities -- such as band, chorus and Future Homemakers of
America -- be drug-free.
Oddly in this case, kids who don't aspire to extracurricular activities --
possibly more likely to be drug users -- are not tested. Arguments before
the court broadened to involve questions about both limited and general
testing. Do tests of students violate the Constitution's Fourth Amendment
protection against "unreasonable" searches?
Justice Stephen G. Breyer noted, "No one is arrested."
It does not seem to be unreasonable or unconstitutional for all students,
not just those in some activities, to be required to comport themselves
legally. Banning drug use from schools, like banning guns, should be
allowed, with general or random tests to be sure.
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