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Supreme Court approves random drug tests for many public high schools
Associated Press / SFGate

Posted on 06/27/2002 7:07:44 AM PDT by RCW2001

URL: http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2002/06/27/national1005EDT0546.DTL

(06-27) 07:05 PDT WASHINGTON (AP) --

The Supreme Court approved random drug tests for many public high school students Thursday, ruling that schools' interest in ridding their campuses of drugs outweighs an individual's right to privacy.

The 5-4 decision would allow the broadest drug testing the court has yet permitted for young people whom authorities have no particular reason to suspect of wrongdoing. It applies to students who join competitive after-school activities or teams, a category that includes many if not most middle-school and high-school students.

Previously these tests had been allowed only for student athletes.

©2002 Associated Press  


TOPICS: Breaking News; Government
KEYWORDS: drugtesting; highschools; supremecourt
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To: rockfish59
How many pothead drivers are endangering other drivers in Idaho at this moment?

Hmmmm. The better question would be "How may drivers under the influence of Nyquil or sleep deprived are endangering other drivers in Idaho at this moment?." Nyquil is legal and available OTC and impairs your reactions. Sleep deprivation is a major impairment. Impairment can take many forms, so why focus on any one method.

---max

221 posted on 06/27/2002 7:02:14 PM PDT by max61
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To: zoyd
I have to go rest now. The shock has rendered me woozy.

I had to use a pencil in my mouth to type out the words - my fingers just wouldn't do it by themselves. You people are a bad influence on me :)

222 posted on 06/27/2002 7:08:56 PM PDT by strela
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To: Rome2000
The Supreme Court is way far from mainstream on this one, and seriously in jeopardy of destroying constitutional rights of the individual permanently.

This trespass on individual liberty even in war time is unacceptable!

The justices have once again failed their duty to the American people by failing to uphold individual liberty.

The Constitution is once again waverying on meaningless by the courts and the Republic is on the brink of collapse once again.

Time for a leadership change in the Courts!
223 posted on 06/27/2002 8:39:19 PM PDT by Soul Citizen
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To: Soul Citizen
The Supreme Court is way far from mainstream on this one, and seriously in jeopardy of destroying constitutional rights of the individual permanently.

Remember, this court is the same court that thought regulating the PGA was in the national interest. Casey Martin gets to violate the rules, because he is handicapped.

224 posted on 06/27/2002 9:41:46 PM PDT by Orion
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To: Teacher317
there are NO consequences for those who do NOT do drugs. THEY can still get into Harvard. The DRUG-USER (that's against the law, by the way) is the only one who is red-flagged IF they fail the test. If they REFUSE the test (and exercise your rights), then they can STILL go to Harvard... you just can't play football, which there is no "right" to do. Get it? It's not "exercise your rights and lose Harvard", it's "use drugs and lose Harvard". Get it?

Whoa, are you ever missing the point. A kid's not going to get into Harvard without extracurricular activity on his record. And he won't be able to participate in extracurricular activity unless he pees into a cup. It doesn't matter whether that person uses drugs. It's not "use drugs and lose Harvard." It's "piss in the cup or lose Harvard." Get it?

225 posted on 06/28/2002 12:33:33 AM PDT by Sandy
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To: Teacher317
Just occurred to me... Are you under the impression that the only people who will be unwilling to pee for the government are drug users? You do realize that the person who brought this suit didn't use drugs, don't you?
226 posted on 06/28/2002 12:37:43 AM PDT by Sandy
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To: Teacher317
The tests should not be random, they should be for those who are suspected of drug use by showing the typical symptoms and effects of drug-use.

So in other words, you don't agree with the Court's decision? Sounded earlier like you thought the Court was right.

227 posted on 06/28/2002 12:41:17 AM PDT by Sandy
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To: rockfish59
Did Jerry Garcia do that study?

There's been more than one such study. The most recent was a British Government study. I don't have a cite, but an article about it was posted on Free Republic 6 months or so ago.

From another perspective its perhaps not so surprising. I know of athletes who routinely compete at an extremely high level stoned on pot. Obviously, 99% at least of high level athletes are straight, at least during competitions (not counting any lingering influences of steroids), but the fact that some individuals can compete at literally international levels in sports requiring fast reflexes and coordination like snowboarding and beach volleyball while actually stoned shows that any concentration, coordination, or reflex degredation can not be overwhelming.

228 posted on 06/28/2002 5:07:19 AM PDT by Linda Liberty
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To: CA Conservative
Actually, government cannot hand out rights to anyone, privileges are a separate issue. Are you saying that students should be able to participate in any activity they want, even if they are failing, etc? No restrictions or conditions at all? You are taking the libertarian position to an extreme that is ridiculous.

Well, while I wouldn't know an "official" libertarian opinion from my elbow, common sense tells me that governmental entities do NOT have the authority to hand out privileges to one, some, many, all, or any individuals. It is a total reversal of the relationship between citizen and state, hence the problem with the very existance of public schools to begin with.

229 posted on 06/28/2002 6:41:36 AM PDT by southern rock
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To: freeeee
Sorry, but the courts don't agree with you.

I don't care. The 4th Amendment is crystal clear: No probable cause, no warrant, no search. The courts willful neglect to enforce the Constitution undermines its own legitimacy.

It's a shame you don't believe in the Constitution, because if you don't care what the courts think, but only what you think, you are promoting anarchy, not Constitutional law.

In addition, if that is the case, then you want to give the government the right to regulate what is posted here on FR, or said in Limbaugh. You see, Freedon of the Internet or Freedom of Radio are not mentioned in the Constitution. It's only the Courts that have expanded Freedom of the Press to include radio, TV, the internet, etc.

Ask any kids in your area how bad the drug problem is in your schools.

And then ask them if drug testing would change a thing. Drugs can't even be kept out of supermax prisons. Rights are not to be set upon a scale and subjectively weighed against perceived good in violating them. Either it takes probable cause and a warrant to conduct a search, or it doesn't and government searches whoever and whenever it damned well pleases. Rights mean that government can't do something, even when it is in their interest. That's why they are there in the first place. They set bounderies for govenrment that cannot be violated under any conditions, not just when its convenient or expedient.

Sorry, but you are way off base, both factually and intelectually, as well as legally.

#1 Drug testing is incredibly effective. In the military it reduced drug usage from 42% to 3.5%. In the schools that have used it, drug testing cuts drug use 50% each year until it drops to about 3-4%, as opposed to the 45% seen in the schools in your area.

Individual rights are routinely given up. There is no warrent to search my bag or body, or even probable cause, but they are searched before I enter an aircraft, government building or even some schools,.

Please, beleive in the Constitution, but not in what someone tells you it means. We need strong Constitionalsits, but can't aford to have them be wrong, as above.

230 posted on 06/28/2002 11:39:53 AM PDT by MindBender26
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To: MindBender26
It's a shame you don't believe in the Constitution, because if you don't care what the courts think, but only what you think, you are promoting anarchy, not Constitutional law.

I don't care what the courts think, I care what the Constitution says. The two are frequently different, and I always side with the crystal clear language of the Constitution over the subjective opinion of a man. That is believing in the Constitution, as opposed to the politics that undermine it. Abiding by the word of the Constitution is not anarchy. Far, far from it. The Constitution is a set of laws, laws for government that cannot be changed without a constitutional amendment. When we ignore it for expediency, we embrace anarchy. For without adherence to the Constitution, laws are whatever men say they are. And that defines anarchy.

Observe the decision:

"The Supreme Court approved random drug tests for many public high school students Thursday, ruling that schools' interest in ridding their campuses of drugs outweighs an individual's right to privacy."

They freely and openly admit to violating a right. And their justification? An overriding interest. So to them, the Constitution isn't a law at all, it's merely a suggestion to be overridden at the first earliest convenience. That is not rule of law. It is rule of men. Making up the law as you go, even when the majority does it, is anarchy, anarchy under color of law.

You see, Freedom of the Internet or Freedom of Radio are not mentioned in the Constitution. It's only the Courts that have expanded Freedom of the Press to include radio, TV, the internet, etc.

The 1st Amendment does not grant rights, it merely recognizes pre-existing unalienable rights. I have the absolute right to free speech over any medium I damned well please, provided I (or a consenting party) pay for it. And it says freedom of the "press", not "printing press". So all media are covered even ones not yet invented. While it's nice that the 1st Amendment and the courts (somewhat) recognize that, I don't need their approval. If they choose not to support the natural right to free speech, the right is not absent, it is merely violated, and the court would change its role from upholder of rights to that of oppressor.

#1 Drug testing is incredibly effective. In the military it reduced drug usage from 42% to 3.5%. In the schools that have used it, drug testing cuts drug use 50% each year until it drops to about 3-4%, as opposed to the 45% seen in the schools in your area.

The ends do not justify the means. Warrantless searches that lack probable cause are unconstitutional in every instance. The effectiveness of warrantless searches such as random drug testing is utterly irrelevant. Besides, it is a given that law enforcement will be more difficult in a free country. The Bill of Rights was meant to limit the power of government because it was seen that the "cure" of unchecked government powers is worse than the problem itself. The job of the police is only easy in a police state.

Individual rights are routinely given up.

Individual rights are incrementally given up. Have you asked yourself what the invariable end result will be, if this continues unchecked? Rights cannot be routinely given up forever without fundamentally altering the nature of this country. The inevitable result of continual erosion of rights is the absence of rights, ie. Tyranny.

There is no warrent to search my bag or body, or even probable cause, but they are searched before I enter an aircraft, government building or even some schools,

Following that logic, if someone slaps your face Monday, it's perfectly ok for them to punch your stomach on Tuesday. After all, the precedent has been set. The slippery slope argument will get nowhere with me. I dismiss it out of hand.

Please, beleive in the Constitution, but not in what someone tells you it means.

Just a moment ago, you were telling me judges have a right to tell me what it means. Which is it?

231 posted on 06/28/2002 12:33:15 PM PDT by freeeee
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To: freeeee
Tis a shame you don't understand. Courts routinely decide cases of rights in conflict. For example; does the right to bear arms give an Islamic terrorist the right to carry an M60 on a passenger airplane? Does the right to free speech and free assembly give a conviced child molester the right to stand on the street in front of your home and yell to your eight year-old daughter that she should come out to the street and be sodomized by him?

Next, who says they meant the media and not the printing press. The courts do. You like that decision, so it is ok.

I only raised the issue of the effectiveness of drug testing because you said it was ineffective. Why did you say it was ineffective when you now admit it is effective, but the end does not justify it?

The real problem you have is that the Court has not agreed with you here.

When I used the word "think", what I really should have written for you is "decide." Trying to tell the world that the Court is wrong and you are right is about as effecious as King Canutte commanding the waves to stop.

Rights are often in conflict. When that happens, courts decide how to resolve it, as they have in this case.

232 posted on 06/28/2002 2:38:57 PM PDT by MindBender26
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To: Linda Liberty
Well, just a couple things.
What do the athletes do to fight the munchies to keep from gaining weight?

I tend to agree with the Beatles in their anthology when they all said that when they recorded music while stoned and listened to it the next day, they said it really sounded like shit and most likely burned the tapes.

Even Ringo just won a court order to stop the release of an album he recorded while stoned on alcohol. He said it also sounded like crap. He's been sober for 7 years now.

Ozzy Osbourne said that him and his group should be fuc*in' dead from their drug abuse and even told the live audience to drive safe so they could come back and blow their ear drums out again.

Willie Nelson said, 'If you're wired, you're fired!'

You know RAD? Rock Against Drugs! (Yeah, right. But it's the thought that counts, I guess)
Even my drumming magazine says 'Play It Straight'

I personally can't stand being around people who are drunk or high on drugs.

233 posted on 06/28/2002 10:36:40 PM PDT by rockfish59
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To: Sandy
I agree with what you said, but keep in mind: THIS HAS NOTHING TO DO WITH FIGHTING DRUG ABUSE. It is ONLY about the drug-testing chains and schools getting their hands on the $20 billion in the "War on Drugs" treasure chest.

Kids avoid detection by switching to drugs that are not being tested for (there are too many for any program to test for anywhere near ALL of them). The school then looks good because the tests come up 'negative' - so they must be reducing the usage!

This is a scheme that was cooked up by the drug-testing industry (their lobbying group is at datia.org), and they have spent a lot of time and money building up the image that they have a 'solution' -- this emperor has no clothes.

234 posted on 06/29/2002 12:49:04 PM PDT by Ed_in_NJ
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To: MindBender26
Please see #234 (except for the part that says "I agree...").
235 posted on 06/29/2002 12:53:51 PM PDT by Ed_in_NJ
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To: Ed_in_NJ
Too bad you druggies don't bother to get your facts straight. Of course, getting facts straight is a little tough after all you have been putting into your bloodstream for the last few years.

The drug screens test for all the opiates, all the cocaine, crack and derivitives, MJ, amphetimines, barbs, all the designer drugs and all others as they become used. Sorry, but your "they can't catch you" story is simply a modern version of the old "he put an aspirin in my coke" BS.

People here at FR are too smart to fall for your pro drug abuse and pro "let's get kids hooked" BS.
236 posted on 06/29/2002 8:34:41 PM PDT by MindBender26
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To: MindBender26
Your ignorant and insolent comments betray the poor excuse you call an argument.

Not only do I (and the rest of my family) NOT use illegal drugs, I neither drink alcohol nor smoke (ANYTHING).

You must have a large financial interest in the drug-testing companies, right? Or are you among the bureaucratic socialists that try to run our public education system?

Only the ignorant or self-interested are such rabid exponents of this ridiculous wate of time and money -- there are much more effective solutions already available, that do not subject innocent kids to this invasion of their self-respect.

237 posted on 06/30/2002 7:14:03 AM PDT by Ed_in_NJ
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To: Viva Le Dissention
It's up to parents to go down to school board meetings and say NO to this policy if it upsets them so much. It's also up to parents to make other provisions for their children's education if they disagree with that policy, even if it means internet courses or homeschooling. If enough parents show their displeasure and the public schools know that there are plenty of other options for kids to get an education, that will be the end of the policy.
238 posted on 06/30/2002 7:28:32 AM PDT by ladylib
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To: Kryptonite
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.
239 posted on 06/30/2002 7:30:26 AM PDT by NC_Libertarian
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To: rockprof
I'd like to see members of congress tested for drugs! I bet more than a few would come back positive.

I have absolutely no doubt that the Supreme Court would find such a measure unconstiutional.

240 posted on 06/30/2002 7:31:45 AM PDT by NC_Libertarian
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