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Thursday, July 02, 2009
Steve Chapman :: Townhall.com Columnist
A Bare Minimum of Student Privacy
by Steve Chapman
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Public schools are filled with eager, fresh-faced youngsters, and prisons contain many rough-looking adults with uninviting personalities. But put aside that difference and you find some important similarities between the two places -- government-run facilities where individuals are held for a specific number of years without their consent, at the mercy of their custodians.

For years, the Supreme Court has been doing its best to further blur the distinction by giving public-school officials the same powers as the warden of San Quentin. So it was a mild surprise last week to learn there are some abridgments of freedom and invasions of privacy inflicted on children that the justices will not tolerate.

That's the good news for youngsters. The bad news is unless an administrator makes you take off your clothes, you're probably out of luck.

One day in the fall of 2003, a middle-school student in Safford, Ariz., was caught with contraband ibuprofen, which she said she had gotten from Savana Redding. The 13-year-old Savana was called to the office, where she denied knowing anything about the pills and agreed to a search of her belongings.

When it turned up nothing, an administrative assistant took her to the nurse's office and told her to remove her jacket, socks and shoes. Still no pills.

That would have been the perfect moment for a sudden burst of common sense, inducing the school officials to admit defeat and let the girl get back to algebra. But the needed epiphany did not come to the adults. They ordered Savana to take off her shirt and pants -- a step that also proved unavailing.

Were they done? No, they were not. In their relentless quest for illicit Advil, the officials refused to let considerations of modesty be an impediment. They insisted that Savana pull her bra and underpants away from her body to prove she was not hiding pills there. Again, they got nothing.

Last week, though, they got a rebuke from the Supreme Court. It has given principals and teachers great latitude in imposing control on children. But even justices who were indulgent with past government intrusions gagged at the image of officials peeking into an adolescent's most private areas.

Justices Samuel Alito and Ruth Bader Ginsburg don't agree on many things. But they and six other justices (Clarence Thomas being the exception) joined in a decision that rejected abusing public-school students in the name of protecting them.

The Fourth Amendment, they noticed, says individuals shall not be subject to "unreasonable searches and seizures," and this search was flagrantly unreasonable. The mere possibility of finding pills in underpants is not enough, wrote Justice David Souter, to "make the quantum leap from outer clothes and backpacks to exposure of intimate parts."

School administrators might be forgiven for not knowing that. After all, the Supreme Court had previously allowed them to force students to undergo drug testing as a condition of participating in any extracurricular activity. Making students who have done nothing wrong produce a urine sample under the monitoring of a teacher, it insisted, was "not significant" as a breach of privacy.

The court had also permitted schools to search a kid's locker, backpack and purse on even modest suspicion that some trivial school rule had been violated.

Justice John Paul Stevens complained that under these decisions, "a student detained by school officials for questioning, on reasonable suspicion that she has violated a school rule, is entitled to no more protection under the Fourth Amendment than a criminal suspect under custodial arrest." The Constitution's privacy protection, he said, has become "virtually meaningless in the school context."

Stevens did not exaggerate. Even in this case, the court was willing to tolerate making a 13-year-old girl strip to her underwear. It was the "exposure of intimate parts," not the exposure of everything else, that caused the justices to bridle. But if a more dangerous item had been sought or if there had been reason to think she was actually hiding a pill in her bra, the majority indicated, the search might have been perfectly acceptable.

So there's still a difference between the rights we afford students and the rights we afford prison inmates. Just not a very big one.

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Steve Chapman is a columnist and editorial writer for the Chicago Tribune.
 
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So what does this mean?
Did the SCOTUS rule as it did because society
has degenerated to the point were contraband in a school is now so serious an issue that this type of search is permissible, or because the privacy of a student is no longer considered an important concern anymore, or both?

Also, because I suspect an incompetent school staff must have been involved in this case over the phantom aspirin pill, I can't help but wonder whether they were control freaks, drug users, vindictive liberals, or products of affirmative action finding ways of acting out their biases, or all of the above.


The world according to Liberals

The same Liberals who would conduct a strip search of a 13 year old teenager for and "over the counter" medication would be the first to complain if they witnessed a Police Officer bring a Black man out of a car and pat him down.

Just another example of how Liberals will abuse power.

Repeating Jacob Sullum...




Perhaps not plagiarism, but this is just a rewording of Jacob Sullum's column from the previous day .



Educators and Zero Tolerance
My experience with Educators and Zero Tolerance policies is that they are put in place because if not Educators will never hold students to any standards. Suspensions are doled out for plastic knives brought to school with lunch and given the same punishment as a switchblade knife. School Boards put zero policies in place even though we pay school Superintendants six figure salaries but cannot expect them to display any common sense. It is the same reason we have had to implement no child left behind, Educators if left to their own devices will not fail anybody and students’ graduate who cannot read.

Good Sense Has Left the Building
Why are all school administrators painted with the same brush? Because good sense doesn't seem to be evident anymore. The administrators did not use good sense anymore than the author. That this case had to come before SCOTUS is a shame.

Ibuprophen is not "crack" or methamphetamines. And making the mere possesion of it by a high school student a violation of school policy on drug possession violates good sense.

In my later years as a teacher in a Catholic girls high school when my arthritis got painful, I was known to mooch ibuprophen and Tylenol from my students which they carried for menstrual cramps. Did we feel guilty that we were violating any policy? No. It took 30 seconds of classtime to do this rather than parade to an office, request it from a secretary, sign a document, and take the two tablets in front of her. Sometimes good sense trumps policy.

To samplin
I believe that the drug in question (in the search of the girl) was prescription-level Ibuprofen that was combined with Codeine. (Obviously I wasn't there, but that's what was reported in the news.) That's not the same pill that you buy from the shelf at CVS: Codeine is an opiate, a controlled substance, a scheduled drug, a sort of minor-league version of Morphine. I can't believe that Conservatives would want school officials to look the other way if an opiate is circulating in the school.

Americans like macro control but not micro control. They want strict grade standards in the school but appeal to the counselor, the principal, and the Congressman if their own kid doesn't get a high grade. And they want the schools to have a zero-tolerance attitude about drugs, until this smug, fat, self-involved girl makes the focus of her life for several years a very public statement about her "humiliation" and her underpants.

I have SEEN high school students unconscious on the school bathroom floor because they helped themselves to a controlled substance they got hold of in school. You people want school administrators to take charge of this situation, but you would tie their hands.

Samplin, you "mooched" drugs from your students? I taught for ten years in a public school district where I could have been fired in spite of tenure if I had done that. Could it be that in some regards public schools are stricter than Catholic schools?

En loco parentis
is a concept that is drilled into school administrators and the threat of law suits threatens all educators. At the time this happened, I felt that the unreasonableness of this search was apparent. On the other hand, imagine if the young lady in question over dosed on Tylenol while at school and the investigation revealed that administrators suspected that she had been bringing T to school for several weeks, but failed to take any action. Do you suppose that there is an ambulance chaser in the area who would be willing to file a suit against the school district?

It is my belief as a result of
experience in the public schools that the biggest problem in the schools is that students who misbehave badly are labled "behavior-disordered" and are given federal protection just like kids who are blind, deaf, physically impaired, or suffer from learning disabilities or some other problem.

These "behavior disordered" kids are now given "full inclusion" in classrooms, where they pick up disciples.

If the worst of the worst (behaviorally speaking) were removed from some schools and funnelled into other schools that were more restrictive, chances are, the public schools would succeed much better than they do, and such strip searches would not be deemed necessary. Moreover, those "behavior disordered" kids would likely succeed better, regarding their education, too. They are, after all, apparently seeking attention, which they could receive in a more restrictive, less populous school.

The right to privacy is not

an enumerated right. Consequently, application and limitation of the right to privacy is the legitimate purvue of state and local governments.

The SCOTUS has no business interpreting the right to privacy. In fact, it has no jurisdiction in administering the right to privacy.

Under the U.S. Constitution, individual states may limit the right to privacy as they see fit.

This incursion by the SCOTUS into the states' realm of authority is unconstitutional and should merit impeachment by the Congress.

????
First of all....if a student is going to hide illegal substances....a sewed in pocket in their bra or underpants jockeys whatevver is not that difficult to achieve and is the obvious hiding place. Of course that is where they should look.

The difficult part for me is the intrusion part. The school searched private property based on snother student who was basically being a tattle tale. It's not a matter of how deep (poor image I know) they searched but that they have the authority to search in the first place based on such poor evidence.

It shouldn't be when entering public school property that you leave your rights at the curb.

Lily
It was prescription strength ibuprofen...no codeine. I also don't see what her weight has to do with being humiliated. If they were so concerned about her having a controlled substance hiding in her underpants they should have called her parents in to the school.

Zero Sense
If memory serves, the precursor for this situation is that another student was caught with Ibuprofin (horrors!) and for whatever reason falsely ID'd the plaintiff as the source of the pill. It wasn't even good-faith tattling. I'm not clear on the motivation.

Have we sunk to this level, that a child can be strip-searched based on an uncollaborated, possibly false & malicious accusation, of being in possession of an OTC med otherwise perfectly legal?

Here is another example of why the option to change schools, or go to private school, is vitally needed. One of the stupid cliched objections to school choice is that it "diverts public support" from the public school system. heh. No, incidents like this forfeit public support of the government monopoly juvenile warehousing system.

I've always said that there's at least one thing a perceptive child can learn in public school: you don't want your life run by a bunch of unaccountable petty bureaucrats & social workers.

Response to eddie too
This is not "right to privacy" issue; it is a 4th Amend. issue.

But I agree with general assessment: over the years the Supreme Court has gradually applied the Bill of Rights to the states. I am not entirely sold that the Bill or Rights does apply to the states unless that Amendment says it does.

This case reinforces in my mind that the only conservative Supreme Court justice right now is Clarence Thomas; the other eight tend to decide based upon their own policy preferences.

Yeah, but it was about Advil...
If this was something trivial, we should all be outraged - but nothing says 'danger' and shouts 'miscreant' like the illicit possession and use of ibuprofen.

An excellent exercise of judgment and understanding of proportionality on the part of these school officials (whatever you may think about whether a student should ever have to have their 'private parts' examined by school officials).

When I was a kid, Reader's Digest used to run occasional articles recounting stories about ridiculous excesses of government, the legal system, etc. Back then, they were still (somewhat) anomalous. Now they're practically daily occurrences, most of them barely eliciting a bored yawn.

Alice in Wonderland . . .

Protect Our Children From Thugs
. . . including official thugs who perform illegal searches of this type. To follow up on this case, the girl who was thus maltreated has suffered emotional problems since then, and is still in therapy.

If this had been done to my child, I would have gone to the principal and called him out. Some behavior is too low for a lawsuit.

qhoratius
This is not "right to privacy" issue; it is a 4th Amend. issue.

They're basically the same thing. If there is no right to privacy, how can there be such a thing as an unreasonable search.

to Lilly form IL
Why do you call this student in question "smug fat and self-absorbed"?
Do you know her personally or are you psychic?
Would you be telling a different story if the TSA did the same thing to you in the name of airport security?
I'm sure they have seen more contraband in more locations than you.

Thoughtcrime
"hy do you call this student in question "smug fat and self-absorbed"?" Lilly doesn't like honors students. They make her feel inferior.

Reply to sjpatejak
Big distinction, and I am not a lawyer, but here it goes:

Generally, the 4th Amend protects people from unreasonable searches and seizures. It does not confer a general right to privacy. If there was a 4th Amend. right to privacy, then the government could not engage in any search seizure; but, again, only unreasonable searches and seizures are forbidden.

The conception of a constitutional right to privacy stems from broad reading the 14th Amend. The court used this broad reading to hold that a state cannot outlaw possession of contraceptions, because reproduction is an "in the bedroom" activity, thus private.

So, as it stands now, the government cannot search a bedroom for illegal contraceptions because of the right to privacy. Absent a right to privacy, the government would be able to search the bedroom, as long as the search was reasonable.


Common sense is a very rare
commodity among "professional educators." So many cases seem to turn on these idiots entrusted with teaching children to have common sense -- that never seems to materialize.

Yet another reason to let schools compete for students, by giving out vouchers and lifting onerous requirement from licensing schools.


Student searches
About 1973, my daughter was accosted by the Girls Vice Principal and ordered to hand over her purse to be searched for cigarettes. My daughter did not have any cigarettes, but reported this to me. I was livid, and went to the school to talk to this Vice Principal as to whether she was a Police Officer. The answer was NO. I asked her if that school taught students (Jr. High) all about the Constitution and the Bill of Rights? The answer YES!, Then why do they not conduct that school with our children protected by the laws of our nation. The schools attitude was, only adults are protected by the laws, not children! YEAH, well show me in these laws where it says only adults, and other comments that let the school realize, they goofed. I stood up for my childs rights, and they promised me this would never happen again, that if they believed they had Cause, they would call the police, and let the Police conduct a search after doing this legally. Too many people are afraid to stand up for their rights, and our police take advantage even then, to push the envelope of assault on citizens, because we are made to believe that now we no longer have any rights, submit to terrorism by the police or be punished, because we can't afford to protect ourselves. When your tired of this, and want to Restore Americans rights, search Google for Don Cordell, pick the first choice and read what we can do when you have the guts to defend America. To defend your children, to show our elected officials "We are mad as hell, and we are not going to take it anymore"
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