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Want to join the chess club? Pee in a cup
TownHall.com ^ | Tuesday, June 9, 2002 | by Debra Saunders

Posted on 07/08/2002 11:09:20 PM PDT by JohnHuang2

Liberals and conservatives should be outraged at last week's U.S. Supreme Court ruling in favor of an Oklahoma school district's mandatory drug testing policy for students involved in extracurricular activities. That 5-to-4 decision, written by Justice Clarence Thomas, was an assault on parental rights. Since drugs were involved, the justices felt free to indulge in judicial activism -- something conservatives such as Thomas are supposed to abhor. There is more anti-drug rhetoric than law in what Thomas wrote.

While hearing arguments on the case, Justice Anthony Kennedy scolded ACLU attorney Graham Boyd, who represented students and parents who objected to the Tecumseh school district policy. Kennedy said that mandatory drug testing should help parents keep their kids out of "the druggie school" -- and no parent would pick such a school "except perhaps your client." Oooph.

Lori Earls -- a medical technician and parent of plaintiff Lindsay Earls -- believes her daughter does not do drugs and does not condone student drug use. She also understands the Constitution (better than Kennedy) and doesn't believe the government should search people without due cause.

She added, "We just believed that they stepped into a realm that took parents' rights away. They took away the parents' job in the home. They put the parents in the position of 'need to know'" -- when it should be the schools that operate on a need-to-know basis.

A little background: In 1995, the Big Bench ruled that an Oregon school could require school athletes to submit to random drug testing. The court explained that the school had a pervasive drug problem, and as athletes were both role models and known offenders, drug use "increased the risk of sports-related injury."

The Tecumseh school district expanded that policy by requiring all students in extracurricular activities to submit to random drug testing. Since students can join or not join clubs, the test isn't mandatory for all students. A positive test reading would require a student to submit to anti-drug counseling. Failure to submit to counseling, three positive tests or a refusal to pee in a cup could lead to suspension from the club or activity.

Attorney Judy Appel of the Drug Policy Alliance's Oakland office noted that the new decision basically threw out the 1995 ruling's carefully crafted criteria for allowing searches without suspicions. "They're taking the role of in loco parentis very seriously," Appel noted, thus making the school a "co-parent."

Appel added, "I read the Thomas decision (as) to indicate a willingness to expand drug testing for all students." She's not stretching. Not when Thomas quotes a ruling that equates schools with children's guardians. Not when Thomas rejects the need for there to be a pervasive drug problem, as he did.

What about parents who object to having their kids drug tested in order to play chess or join Future Farmers of America? "The answer is that your child cannot participate in extracurricular activities," answered Edwin Darden of the National School Board Association, which supported Tecumseh. "It's not negotiable."

So parents have no say in the matter.

This makes no sense. Before, parents were free to drug test their children, if they chose. Now the highest court in the land says that schools have a pre-eminent role in those personal decisions, and parents who want their kids to participate in important extra-curricular activities can't, well, just say no.

Lori Earls told me that the drug-testing policy came about after a mother found her athlete son and friends doing drugs in her home. The mother complained to the school board that the school had to do something.

"She didn't have to address it," Earls noted. "The school had to do something." In that, the policy encourages parents to abrogate their responsibilities.

Tecumseh Assistant Superintendent Danny Jacobs denied that the athlete's mom prompted the policy. "The school board was looking into this policy and they asked me to review it, and it was not based on that one individual's situation, as you described," he said.

The justices and school boards may not see it this way, Lori Earls noted, but the Thomas decision greatly expands a school's "obligation."

If schools can decide to test students without due cause and over the objection of parents, what's to stop the schools from deciding how families deal with their children's drug problems?

Alas, not the Supreme Court.


TOPICS: Culture/Society; Editorial; News/Current Events
KEYWORDS: educationnews; scotuslist; wodlist
Tuesday, June 9, 2002

Quote of the Day by YaYa123

1 posted on 07/08/2002 11:09:20 PM PDT by JohnHuang2
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To: *Education News; *Wod_list; *SCOTUS_List
.
2 posted on 07/08/2002 11:16:30 PM PDT by Libertarianize the GOP
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To: JohnHuang2
Slip sliding away.
Slip sliding away.
You know we're near to losing our nation,
Watching it slip sliding away.
3 posted on 07/09/2002 12:12:39 AM PDT by philman_36
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To: philman_36
Sounds like we need some random drug testing of Supreme Court Justices. They can't comprehend simple english (4th Amd. to the Constitution), so they must be smoking something. How about some random testing of school administrators and teachers? How about some random drug testing of members of Congress or those that aspire to be President? How about some random testing of Corporate CEO's? The WOsD's and the WOsD User's continues. Blackbird.
4 posted on 07/09/2002 3:47:17 AM PDT by BlackbirdSST
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To: JohnHuang2
Since when are extra curricular activities a Constitutional right? This is little different than being searched at an airport. Once you decide to engage in the activity, you abide by their rules. There is nothing forcing you to engage in the activity. Look at the kind of stuff we agree to evey day. Just read one of those software agreements. You just about sign away all your rights just to let Gates crash your computer.

In the USN, I was the boss of a large command and had to pee in a cup. No big deal. If I did not like it, I could quit. Never felt it was an invasion of my privacy but a necessity.
5 posted on 07/09/2002 3:52:55 AM PDT by KeyWest
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To: JohnHuang2
Other than the Constitutional issues of government schools searching citizens’ bodies without any probable cause, I have another reason for objecting to drug tests. They aren’t 100% accurate.
During the early ‘80s I was a NCOIC of out unit’s drug testing. The test being used was supposedly 99% accurate – that means that 1 out of 100 test results were wrong.
I saw several soldiers reduced in rank or dropped from promotion lists and barred from reenlistment because of test results that I questioned. They did not fit the profile of drug users. The urine samples were frozen after testing to preserve evidence. Before being destroyed after a year they would be tested again. It was my job to contact the soldier and tell them, sorry – the test was wrong. How about reenlisting?
Yea, right!
Remember too that the drug tests – both urine and hair based – don’t actually find the illegal drug in the system, they find the metabolic byproducts of the drug. Sesame seeds show as morphine based drugs and many nasal inhalers show as cocaine.
6 posted on 07/09/2002 4:02:29 AM PDT by R. Scott
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To: JohnHuang2
If schools can decide to test students without due cause and over the objection of parents, what's to stop the schools from deciding how families deal with their children's drug problems?

The schools and all of us will be far better off after the drug users (and this will snare drug pushers) are thrown out of the taxpayer funded schools. Then the "parents" will have to find new more expensive babysitters and a different facility for their coddled drug users to hang out. Keep in mind that not one "clean" kid will be penalized over this. There is a real drug epidemic in this nation and it is about time something is being done about it.
Interesting, how some Freepers will join with the ACLU to protect the drug using crowd.

7 posted on 07/09/2002 4:05:12 AM PDT by doosee
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To: doosee
"Interesting, how some Freepers will join with the ACLU to protect the drug using crowd."

people tend to come together when they realize that, despite their personal views on an issue, the constitution is being obviously circumvented. while the ACLU does things on a regular basis that i disagree with, i dont see why myself or other Freepers wouldnt agree with the ACLU if what they are doing is constitutionally correct. circumvention of these rights is the issue, not drug use and subsequent problems in public schools.
8 posted on 07/09/2002 4:13:28 AM PDT by biggyfred
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To: R. Scott
Other than the Constitutional issues of government schools searching citizens’ bodies without any probable cause, I have another reason for objecting to drug tests. They aren’t 100% accurate. During the early ‘80s I was a NCOIC of out unit’s drug testing.

I agree, and as owner of a wrecker service in the 1990's, found myself in position of being in charge of my own drug screening!

The NIDA-5, which the lab owner cheerfully informed me "wasn't very accurate, and cost 5 times what I could design myself..."

I kept a file on myself, sent myself in for testing, and posted notices to myself of "zero tolerance." It was lunacy, self-incrimination issues aside.

9 posted on 07/09/2002 4:17:46 AM PDT by backhoe
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To: KeyWest
Foregoing extracurricular activites severely limits one's choice of colleges. Having to choose between the principles of the Founders or "playing the game" ought to teach our kids a valuable lesson. Are they willing to allow the Constitution be used as toilet paper? Sadly, most of them--like you--say, "sure!"
10 posted on 07/09/2002 4:31:04 AM PDT by HalfIrish
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To: JohnHuang2
Come on kids, wise up. Drug testing only catches pot smokers. Switch to fast clearing drugs like coke, heroin, ecstasy, and angel dust. Party it up Friday night, by Monday morning you'llbe clean as a whistle.
11 posted on 07/09/2002 4:34:18 AM PDT by Wolfie
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To: JohnHuang2
What a warped and twisted mind I have!

When I read the title, I began hunting around the attic for an old tin cup. Next I planned to head to the local Chess Club, that august institution in which the teak wainscoting and the brass spittoons reflect in stained-glass windows in the flickering light of the huge fireplace that has been periodically stoked by that trusty old retainer since the fondly remembered Lord Fotherbouton accidentally ran a poker through his predecessor.

I would put on my old tweed coat with the watch chain and comb out the hair from my ears to obtain the requisite squirrel's nest look.

Drooling spittle from my lower lip, I would present myself in the hall, zip open my fly and...

... then I read the article you posted.

I am so disappointed!
12 posted on 07/09/2002 6:17:53 AM PDT by tictoc
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To: JohnHuang2
Was the case tried in the Oklahoma Supreme Court first? It would seem that's the really appropriate venue, since the policies in question should be controlled by Oklahoma law rather than U.S. law.

While I find it disgusting that many state court judges can't read their own state constitutions, as far as the U.S. constitution is concerned states have very broad authority in many issues. Much as I'm against this type of drug testing, for the U.S. Supreme Court to try to prevent it would be overreaching judicial activism.

13 posted on 07/09/2002 6:22:58 AM PDT by supercat
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To: KeyWest
Right after "Envy," the greatest liberal sacrament is "Punish the Innocent."

If you have an idiot aviator with a cold who surreptitiously takes a bottle of Nyquil, then flies into a row of parked F-15s, well, make everyone in the Navy pee into a jar. That'll show him.

Likewise if some CBs are blowing a blunt behind some warehouse and get caught: don't dishonorably discharge them, make millions of innocent persons pee into a cup.

In the civilian world: If Holmes and his pal Pee Wee go into a bank and air it out with their Glocks, don't send them to the electric chair (that would be racist and mean-spirited). Make millions of innocents undergo background checks, waiting periods, or deny them their right to keep and bear arms under the Constitution, with a variety of sniveling municipal regulations and red tape.

In school, don't deal harshly with the few stonies who, after having finished their High School Libertarian Club meeting, go out and do a few lines of coke in the parking lot.

Don't kick them out -- their parents may sue you because their precious won't get into Harvard with an expulsion or a record.

Instead, make millions of innocent kids pee into a jar so that you can chicken out of dealing with the stonies.

It's disgusting.

Worst of all is that, during class, you make the kids parrot the Constitution's guarantee against unreasonable searches and seizures.

Then, ten minutes later, you throw that very real concept in the trashcan by making them pee into a jar.

Great way to show the kids that the Constitution is a "Living Document", i.e., not to be taken seriously.

This is truly terrible, the worst decision of the year by the Supremes.

Affirmative action losers or socialist FDR hacks, all.

The Supremes are a total disgrace to real lawyers who understand and love the Constitution and our system of law.

The average bright, good-willed seventh-grader has a far better grasp of the Constitution than the nine justices of the United States Supreme Court.

I am not exagerrating.

14 posted on 07/09/2002 6:30:53 AM PDT by caddie
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To: KeyWest
This is little different than being searched at an airport.
Yes, it is. I don't have to go to an airport to travel. There are other means of getting somewhere. Get the point?
In the USN, I was the boss of a large command and had to pee in a cup.
You signed a contract too. A whole different thing altogether. No pee, you breach the contract and fail to follow a direct order.
Then there is no "quitting" to it.
You occifers are something else. Maybe it works different for ya'll. Enlisted men have no "option to quit".
15 posted on 07/09/2002 6:51:26 AM PDT by philman_36
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To: JohnHuang2
I don't have a cup, but I'll just leave the speciment on your desk!
16 posted on 07/09/2002 3:37:50 PM PDT by TexasRepublic
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To: Wolfie
... and ready for some first period blotter @8o}
17 posted on 07/09/2002 7:01:42 PM PDT by jodorowsky
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