cannabisnews.com: Court to Weigh Drug Testing by Schools 





Court to Weigh Drug Testing by Schools 
Posted by FoM on March 16, 2002 at 21:17:20 PT
By  Charles Lane, Washington Post Staff Writer
Source: Washington Post
Lindsey Earls remembers vividly the day in the fall of 1998 when a teacher called her and several other students out of choir class at Tecumseh High School in rural Oklahoma and told them it was time to take a drug test.The girls went to a restroom and urinated in cups while teachers stood outside the stalls listening for sounds of cheating. Afterward, the teachers examined each cup to make sure it contained a liquid of the requisite color and temperature.
"It was really awkward," Earls, now a first-year student at Dartmouth College, said in an interview. "The potential that four or five kids may use drugs is not a good enough reason to invade the privacy of all the other kids."Earls was found drug-free, but she felt the experience was so unpleasant that she and her parents contacted the American Civil Liberties Union. Aided by ACLU lawyers, they launched a federal lawsuit in 1999, saying the Constitution prohibits the local school board's policy of requiring random drug testing of all students who wish to participate in extracurricular activities such as choir and Future Farmers of America.On Tuesday, the Supreme Court will hear oral arguments in the case, which has turned into a major battle about the degree to which the war on drugs should take precedence over student privacy concerns.The court's decision in the case will provide crucial guidance to public school systems across the country contemplating whether to implement policies like Tecumseh's. Given the importance of extracurricular activities to students' college applications, the implications are potentially significant to many American families.School officials in Tecumseh, supported by friend-of-the-court briefs from a wide array of anti-drug organizations, school boards and the Bush administration, say the policy is a minor intrusion on student privacy intended to deter drug use, not punish it. They say the program is justified by the threat to health and safety posed by illegal drugs."This school district developed its policy out of care and concern for its students," said William H. Bleakley, a lawyer for the Tecumseh school district.But opponents of the policy, including not only the ACLU, but also such groups as the American Academy of Pediatrics and the libertarian Cato Institute, which have filed friend-of-the-court briefs on Earls's behalf, say that students in choir and the like are already drug-free, and that, if anything, the prospect of a drug test actually might drive some students away from supervised after-school activities that help them resist drugs."The single best way to prevent drug use is to get students into choir and band and the rest," said Graham A. Boyd, the ACLU-affiliated attorney who will argue Earls's case before the court. "The last thing you want to do is set up barriers to that."At the heart of the legal issues in the case is a 1995 Supreme Court ruling that authorized public high schools to require student-athletes to take random drug tests as a condition of playing on teams.The court reasoned that there was substantial evidence of a major drug problem in the school in question -- to which football players and others were contributing heavily. Also, the court held that athletes have less expectation of privacy because they already consent to disrobing in locker rooms and showering together.As a result, the court held, there could be an exception to the usual constitutional requirement for a search warrant.In the Lindsay Earls case, a federal district court agreed with the school district that the 1995 Supreme Court ruling could apply to nonathletic activities. But a year ago, the Denver-based U.S. Court of Appeals for the 10th Circuit reversed the district court 2 to 1. School authorities had not shown enough evidence that drug use by participants in nonathletic activities was a major problem, the court held.The 10th Circuit's divided ruling added to a conflict among lower courts, and the Supreme Court agreed to sort it out by hearing the school district's appeal.Tecumseh school authorities point to the fact that students who participate in extracurricular activities also voluntarily surrender much of their privacy, for instance, when they travel to out-of-town singing competitions and must sleep in crowded dormitory rooms.The school authorities argue in their brief that even Future Farmers of America could be put at risk by drugs if the students use them during animal shows where they have to keep control over animals weighing hundreds of pounds.School authorities note that police are never notified of positive test results.The ACLU counters that the health risks are not nearly comparable to those that drug use adds to contact sports such as football.Indeed, the ACLU vigorously disputes the school district's portrayal of Tecumseh as a community where parents and teachers report that marijuana use has grown despite the measures -- including surveillance cameras and drug-sniffing dogs -- that are already in place at the schools."The kind of unsubstantiated anecdotal evidence of drug use that the district puts forth in support of a special need for drug testing could be conjured from the halls of every high school in America," the ACLU says in its brief.In its friend-of-the court brief supporting the school district, the National School Boards Association says that "many" of the nation's 14,700 school systems adopted drug testing in some form after the 1995 Supreme Court case.Testing has not become the norm, however, partly because of the lingering legal uncertainty over how far that rule applies, the association said."When the court signs off on a form of drug-testing, it plants a seed in school boards that might have not otherwise considered it," said Boyd, the ACLU-affiliated lawyer.Note: Justices to Decide if Choir, Club Members' Privacy, Like Athletes', May Be Breached Source: Washington Post (DC)Author: Charles Lane, Washington Post Staff WriterPublished: Sunday, March 17, 2002; Page A10 Copyright: 2002 The Washington Post Company Contact: letterstoed washpost.comWebsite: http://www.washingtonpost.com Related Articles & Web Site:ACLUhttp://www.aclu.org/ Supreme Court to Hear Arguments In Case http://cannabisnews.com/news/thread12249.shtmlCourt To Clarify Student Drug Test Rules http://cannabisnews.com/news/thread11297.shtmlSupreme Court To Rule on Drug Tests http://cannabisnews.com/news/thread11296.shtml
Home Comment Email Register Recent Comments Help




Comment #16 posted by freddybigbee on March 18, 2002 at 07:49:25 PT:
The Supreme Court
"Also, the court held that athletes have less expectation of privacy because they already consent to disrobing in locker rooms and showering together."This ranks right up there with "money is speech" in the litany of supreme court idiocy. So mandatory drug-testing is ok because student-athletes take showers? Their increased expectation of being seen naked justifies surrender of the right to privacy of the contents of their blood-stream?By this logic, the fact that the courts have allowed law-enforcement to erode fourth-amendment protections is justification for further erosion of same. If that's not a slippery-slope to a police state, what would be?If a lower expectation of privacy is the justification for further invasion of privacy, then it is incumbent on each of us to refuse any invasion of privacy, even the most trivial, since it would serve as a legal justification for future invasions of potentially greater magnitude. 
[ Post Comment ]


Comment #15 posted by greenfox on March 18, 2002 at 07:20:34 PT
More forced treatment
"This school district developed its policy out of care and concern for its students," said William H. Bleakley, a lawyer for the Tecumseh school district.In other words, in other words, IN OTHER WORDS, the best laid paths will take you to hell...or something.
[ Post Comment ]


Comment #14 posted by dddd on March 18, 2002 at 04:04:24 PT
..Who knew???
...evidently,,,according to this article,,,Politically Incorrect has been cancelled.....I used to like the show,and Bill Maher,,but,,regretfully,I cannot stand to watch anymore.Bill Maher has turned into a bizarre imperial type of asshole since he stepped on the toes of the faux patriots at corporate headquarters... ......ddddhttp://webcenter.newssearch.netscape.com/aolns_display.adp?key=200203172141000203742_aolns.src
[ Post Comment ]


Comment #13 posted by FoM on March 17, 2002 at 20:15:12 PT
dddd
Good to see you're getting your spunk back. Drug testing is something I mind. It effects our lives personally and is time consuming and annoys the company and annoys us. I know others feel the same way. I don't know anyone who feels drug testing will stop drug use. 
[ Post Comment ]


Comment #12 posted by dddd on March 17, 2002 at 19:15:10 PT
...A Biggie
......I am not sure,,,but it seems to me that this case will have a huge impact on all.....and the worst part,is that I think they are going to somehow rule in favor of the school,or they will formulate another wishy-washy,'pass the buck', type of decision....but to rule against drug testing???...Not likely,,that would open up a real can of worms,and a flood of lawsuits from thousands of families,and kids ,,whos' lives have been destroyed by getting a random drug test,,failing the test,,and recieving the "mark of the drug user" for the rest of their lives!... alot of people are in prison because of random drug tests,,do you think they would rule in a way that would allow prisoners to sue the people responsible for forcing them to take the test?...and what about suing for slander and defamation of character for the humiliation of having to undergo the "TEST"??!! .....dddd
[ Post Comment ]


Comment #11 posted by DdC on March 17, 2002 at 16:08:40 PT
Vested Ignorance...
Walters the Druggedczar profits on Pisstest and Partnership Donations through Philanthrapy Roundups, fronting for Farbin chemicals competing with ganja, poisoning us to treat with more, not counting the money spent on war fighting drugs not sold, protecting crude oil, supplying terror groups that were yesterdays partners in this vested ignorance. Thousands of tons used on cotton, grain for meat and trees that don't need to be dead or the kids raped in juvi prison or if Walters gets his wish in Supermax Inc. Not much to think about, simple business 101...
Peace, Love and Liberty or D.E.A.th!
DdCDr. Anthony Henman: "One of the best effects Marijuana can have is to produce a degree of euphoria which boosts morale in a depressing situation" ...and whats more depressing than WoD! ¶8)Assassins of Youth
http://pub3.ezboard.com/fendingcannabisprohibitionwhyitstimetolegalize.showMessage?topicID=105.topic
http://boards.marihemp.com/boards/politics/media/36/36796.gifSolution or Problem
http://www.cannabinoid.com/boards/politics/media/34/34017.jpgNo Pain No Gain...
No Pisstest or Prison Profits in Zero Tolerance 
or Peace or Preventing the Illness or Wars Protecting Cannabis Competition...
Just Maintaining His Pitiful, Heartless, Vested Ignorance...
ACS - Division of Analytical Chemistry - DAC Awards 
John P. Walters 1980More Vested Ignorance!My latest...OPEC Dick
http://boards.marihemp.com/boards/politics/media/40/40044.gifJudge Orders Cheney Records Release 
http://www.truthout.com/02.28AA.Judge.Cheney.htm
Bush Flatly Refuses to Hand Over Energy Papers       http://www.truthout.com/docs_02/03.15A.Bush.Refuses.htm
Bush's Stealth Policy on Nuclear Arms            http://www.truthout.com/docs_02/03.13H.Bush.Stealth.NMD.htm
Cannabis Fuel            
http://www.angelfire.com/ca7/ddc/Fuel.html
http://www.hempcar.org
[ Post Comment ]


Comment #10 posted by schmeff on March 17, 2002 at 13:53:22 PT
"A drug testing program for barnyard animals"
It's ironic. The vast majority of barnyard animals in America could not pass a drug test. The tons of antibiotics, growth hormones, etc. used by the livestock industry each year further enrich the giant PharmaCorps.Imagine if the meat you buy at your local grocery had to honestly label all the "additives". Nor could any of the bright and glossy out-of-season produce pass your basic drug test.In the fuedal brutality of modern AmeriCorp, we are being systematically drugged without knowledge or consent, while simultaneously being persecuted for using drugs intentionally and consentually.
[ Post Comment ]


Comment #9 posted by E_Johnson on March 17, 2002 at 09:19:15 PT
At least one Justice will find this case exciting
I'll bet Clarence Thomas understands that sexual violation is inherent in urine testing, and the case here involves institutionalized sexual violation of teenagers by adults.But I'm afraid Thomas will find this case exciting in the wrong way, and rule in favor of there being more of it.
[ Post Comment ]


Comment #8 posted by Morgan on March 17, 2002 at 09:04:08 PT
Slippery Slope
..."They say the program is justified by the threat to health and safety posed by illegal drugs."......"Also, the court held that athletes have less expectation of privacy because they already consent to disrobing in locker rooms and showering together."...Future News:..." They say the program of house to house drug searches is justified by the threat to health and safety posed by illegal drugs."......Also the court held that students have less expectation of privacy because they already consent to weekly urine testing"...This is what a 'slippery slope' looks like.Prohibition is a 'Trojan Horse' for a police state. 
[ Post Comment ]


Comment #7 posted by Jose Melendez on March 17, 2002 at 07:21:41 PT:
Can we cut through such hypocrisy?
from:http://www.mapinc.org/drugnews/v02/n485/a09.html?397Most developed countries tolerate alcohol and nicotine, both of which are powerfully addictive. Much domestic violence and violent crime is alcohol-related. Chronic alcohol abuse has well-documented health risks, including liver disease, and severe brain damage leading to dementia. And, as the labels say, smoking kills. It is indubitably linked to cancer, heart disease, emphysema and a host of other serious conditions. On the basis of current medical knowledge, out of the social drugs used around the world, it would be hard to choose two more dangerous than alcohol and tobacco. 
So, we cannot argue that our current classification of drugs, and the social and legal attitudes towards them, are entirely rationally based. Many of those who vociferously condemn the use of other ( illegal ) intoxicants and stimulants happily indulge in alcohol or tobacco, and defend their right to do so. Can we cut through such hypocrisy and move towards a strategy that will recognise personal freedoms, cope with medical and scientific knowledge, protect people from real dangers and even eliminate the despicable criminal infrastructure of drug supply?
Arrest Prohibition
[ Post Comment ]


Comment #6 posted by The GCW on March 17, 2002 at 06:32:05 PT
MIRTH! Marryment, marijuana. Another “M” word.
"...let not oil be lacking on your head." 
--Ecclesiastes 9:8 Ecc. 8:15; (N.A.S.B.) So I commended pleasure (K.J.V. = Then I commended mirth), for there is nothing good for a man under the sun except to eat and to drink and to be merry, and this will stand by him in his toils throughout the days of his life which God has given him under the sun.  MIRTH! Another “M” word.
[ Post Comment ]


Comment #5 posted by Jose Melendez on March 17, 2002 at 05:54:12 PT:
meanwhile, legal drugs kill
From:
http://www.mapinc.org/drugnews/v02/n483/a04.html?397...the maker of Prozac patented LSD years ago, when it was touted as a potential cure for mental illness and alcoholism. 
Ritalin also affects serotonin levels. It is a meth drug, similar to cocaine. Five million children were on Ritalin in the year 2000. Between 1995 and 1999 Ritalin use went up 23 percent in children 6 years and under, while the Prozac family of drugs went up 580 percent in the same age group. 
According to Dr. Tracy, and other experts, 7 to 10 percent of patients do not have the liver function necessary to metabolize these drugs. Even if they do, eventually this liver function can become impaired. The potential toxic effects from extended use of and withdrawal from these substances can be quite severe. 
"I can certainly verify that anti-depressants can cause mania and psychosis and cause violence and suicide," says Dr. Peter Breggin, of the Center for the Study of Psychiatry and Psychology, and author of "The Anti-Depressant Fact Book: What Your Doctor Won't Tell You About Prozac, Zoloft, Paxil, Celexa and Luvox." 
See also:
http://www.drugawareness.org/Archives/Miscellaneous/MRAfter.htmlKeep in mind that these drugs are all serotonergic agents and clones or "copy cat" drugs of Prozac - the first SSRI antidepressant introduced to the market in America. Basically what applies to one, applies to the others. For instance we have more data out on Prozac because it has been around longer, but as the mode of action is the same for all of these meds the effects will be the same for the other drugs on this list as it is for Prozac. If we are discussing one drug, similar effects would be expected from any other company's version of the drug. In fact it would be more honest to give them the titles of Prozac #1, Prozac #2,Prozac #3, etc. rather than the brand names they have been given, from the second clone, Zoloft, to the latest Prozac clone, Celexa.
My concern is that each new SSRI introduced seems to be a little stronger on serotonin reuptake and therefore potentially more dangerous. And the all too common practice of going from one SSRI to another blocks additional receptors and magnifies the harmful effects of these medications. It is crucial to learn that according to medical research the theory behind this group of drugs is invalid. Known as serotonin reuptake inhibitors. They are designed to block serotonin in the brain, thereby increasing brain levels of this neurotransmitter. Yet for three decades researchers have been intensely interested in serotonin because LSD and PCP produce their psychedelic effects by mimicking serotonin. Elevated serotonin is found in: psychosis or schizophrenia, mood disorders, organic brain disease, mental retardation, autism and Alzheimer's. While low levels of the metabolism of serotonin (which also produces high serotonin), are found in those with: depression, anxiety, suicide, violence, arson, substance abuse, insomnia, violent nightmares, impulsive behavior, reckless driving, exhibitionism, hostility, argumentative behavior, etc. The drugs increase serotonin and decrease the metabolism of serotonin leading to any and all of the above results. This information is extremely crucial for patients and physicians to learn as soon as possible. We have a high rate of use of these drugs nationwide. Raising serotonin and lowering the metabolism of serotonin in such a large number of people can produce very serious, widespread and long term problems for all of society. 
So why are we now in the 90's being told that increased serotonin is good for us? Is it because it is good for the pocketbooks of the manufacturers? One manufacturer is running full page newspaper and magazine ads and half hour TV infomercials to bring in over $7 million daily, while on the other hand they are settling Prozac suicide cases for huge amounts of money in exchange for silence from victim's families on the details of those settlements. The silence in the court cases insures that the drug will be allowed to finish out its patent time, thus bringing in the highest possible profits for the company. They know that with $7 million coming in daily, they can afford to settle a large number of lawsuits and still come out "smelling like a rose" financially. And from:http://www.drugawareness.org/home.htmlThe most dangerous and most common mistake someone coming off the SSRI antidepressants makes is coming off these drugs too rapidly. Tapering off very, very, VERY SLOWLY--OVER MONTHS (and for long-term users—a year or more), NOT JUST WEEKS!—has proven the safest and most effective method of withdrawal from this type of medication. Thus the body is given the time it needs to readjust its own chemical levels. Patients must be warned to come very slowly off these drugs by shaving minuscule amounts off their pills each day, as opposed to cutting them in half or taking a pill every other day. 
This cannot be stressed strongly enough! This information on EXTREMELY gradual withdrawal is the most critical piece of information that someone facing withdrawal from these drugs needs to have. 
A REMINDER: IT IS EASIER TO GET DOWN OFF A MOUNTAINTOP ONE GUARDED STEP AT A TIME THAN TO JUMP FROM THE TOP TO THE BOTTOM.
It's the hypocrisy, stupid.
[ Post Comment ]


Comment #4 posted by goneposthole on March 17, 2002 at 05:39:36 PT
Now, the sheep
Sheep carry anthrax (sheep shearer's disease).Destroy every sheep on earth.Must be done to protect 'American' interests.It is ironic that our leaders were sent anhrax, the 'shepards' of the 'flock'.
[ Post Comment ]


Comment #3 posted by goneposthole on March 17, 2002 at 05:28:54 PT
Rural Oklahoma is not OK
To be fair, the horses, cows, pigs, chickens and all other barnyard
animals should be tested for drugs, too. The children need to be protected from drug crazed barnyard animals.Surveillance cameras should be installed in every barn and feedlot in the US.A drug testing program for barnyard animals is also necessary."War is peaceFreedom is slaveryIgnorance is strength."-Eric Blair (George Orwell)Sanity is insanity. 
[ Post Comment ]


Comment #2 posted by The GCW on March 17, 2002 at 05:05:22 PT
activistinfoactivistinfoinfoactivistinfoactivistin
What if someone WANTS to speak under the euphoria and influence of cannabis? Is cannabis prohibition (then) stopping my free speech? THE POTENTIAL IS THERE FOR THOUGHT CONTROL This, on the 1st is worth seeing. Somehow this all effects us.FIRST AMENDMENT CYBER-TRIBUNE http://w3.trib.com/FACT/ 
XxXxXxXxXxXxXxXxXxXxXx       XxXxXxXxXxXxXxXxXxXxXxThe lower activistinfoactivistinfoinfoactivistinfoactivistinfo are at (click) First Amendment Alert! http://w3.trib.com/FACT/1st.alert.html FBI INVESTIGATES HOUSTON ART MUSEUM FOR ANTI-AMERICAN ART WORK
FBI spokesman Bob Dogium said that a museum patron's anonymous tip led FBI and Secret Service agents to investigate artwork said to threaten President Bush in an exhibit titled Secret Wars, at the Art Car Museum.
The agents determined the art was not dangerous, according to Dogium. "In line with (Ahscroft's) directive that we would leave no stone unturned, Dogium said, "all these calls are taken seriously and followed up." 
The exhibit examines wars worldwide and personal conflicts within families. It includes a statement deploring the Sept. 11 attacks and questions why the United States was targeted. Jim Harithas, the museum's founder and director, said the exhibit is not meant to be unpatriotic. But the current political climate appears to curb free speech, he said, and “THE POTENTIAL IS THERE FOR THOUGHT CONTROL” Source: Houston Chronicle, December 12, 2001
PLUS PLUS PLUS PLUS PLUS PLUS PLUS PLUS PLUS PLUS
FEDERAL OFFICIALS ORDER LIBRARIES TO DESTROY CD-ROM WITH A DATABASE ON PUBLIC WATER SUPPLY
More than 300 public and university libraries that host government documents were ordered to destroy a database CD-ROM issued by the U.S. Geological Survey that describes "Source-Area Characteristics of Large Public Surface-Water Supplies in the Conterminous United States" because information on the disc is potentially sensitive in the wake of the Sept. 11 terrorist attacks....
PLUS PLUS PLUS PLUS PLUS PLUS PLUS PLUS PLUS PLUSATTORNEY GENERAL JOHN ASHCROFT WARNS CRITICS OF POLICIES THAT THEY AID TERRORISTS
In testimony before the U.S. Senate Judiciary Committee, Ashcroft said of dissenters: "to those who scare peace-loving people with phantoms of lost liberty; my message is this: Your tactics only aid terrorists -- for they erode our national unity and diminish our resolve. They give ammunition to America's enemies, and pause to America's friends."
Ashcroft's dangerous attack confuses dissent with disloyalty. And it tends to scare reasonable people from expressing their doubts about the administration's moves to curtail civil liberties. 
Source: Ashcroft's testimony before the Senate committee.
PLUS PLUS: this keeps on going. U.S. DEPARTMENT OF JUSTICE SUBPOENAS JOURNALIST'S HOME PHONE RECORDS... PLUS PLUS --LAW ENFORCEMENT OFFICIALS IN CLEVELAND ATTEMPT TO GET AMAZON.COM TO GIVE THE NAMES OF CUSTOMERS WHO PURCHASED SEXUALLY EXPLICIT AUDIO CD's
andthenandthen
CLICK: Censorship alert! http://w3.trib.com/FACT/1st.censor.alert.html  GRAND JURY SERVES BORDER BOOKS WITH SUBPOENA
KANSAS CITY, KANSAS (investigating illegal drug distribution)... 
[ Post Comment ]


Comment #1 posted by xxdr_zombiexx on March 17, 2002 at 04:26:50 PT
Guilty until Proven Innocent
I say it a lot: China has Falun Gong, America has Cannabis Culture. Both groups are treated exctly the same way.Urine Testing, one of the most invasive violations of your privacy - literally the last stop before body-cavity searches - was vigorously promoted by the Reagan Adminstration. Carlton Turner, evil cannabis prohibitionist has (or at least had) patents on the drug screen process and reagen used his office to prop up his profits, at the expense of the Bill of rights and the Constitution.**School officials in Tecumseh, supported by friend-of-the-court briefs from a wide array of anti-drug organizations, school boards and the Bush administration, say the policy is a minor intrusion on student privacy intended to deter drug use, not punish it. They say the program is justified by the threat to health and safety posed by illegal drugs.**If you actually buy into, believe, endorse, or support this craziness, you really have an intellectual deficiency. Check the following concept for any vestige of reality-based concerns:**school authorities argue in their brief that even Future Farmers of America could be put at risk by drugs if the students use them during animal shows where they have to keep control over animals weighing hundreds of pounds.**I am sure that getting high and tending pigs is a big thing in some areas of the country, but this BS is just stretching it. How can somebody say something so stupid, but with a straight face and NOT be a professional comedian.
"Caint be getting stoned on mary-ju-wanna and groom the cow!". No exstacy while shoveling horse shit! Horse shit weighs hundreds of pounds and if hundreds of pounds fell on you, and the shoveler was high - it'd be another drug-related death. I think horseshit is falling on all of us.**
Indeed, the ACLU vigorously disputes the school district's portrayal of Tecumseh as a community where parents and teachers report that marijuana use has grown despite the measures -- including surveillance cameras and drug-sniffing dogs -- that are already in place at the schools.**Welcome to the Police State. 
[ Post Comment ]


Post Comment