DrugPolicyCases.com | |||
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Drug Policy Opinion Statements found in Court opinions regarding illicit substances. Public policy considerations, individual predilections of the Justice writing the opinion, the objective and subjective views on the the drugs, the drug use and the drug war... All of these can be found in this section. Pages: ‹1› ‹2› ‹3› ‹4› ‹5› ‹6› ‹7› ‹8› ‹9› ‹10› ‹11› ‹12› ‹13› ‹14› ‹15› ‹16› ‹17› ‹18› ‹19› ‹20› ‹21› ‹22› ‹23› ‹24› ‹25› ‹26› ‹27› ‹28› ‹29› ‹30› ‹31› ‹32› ‹33› ‹34›
The Court [does] not simply authorize all school drug testing, but rather conduct[s] a fact-specific balancing of the intrusion on the children's Fourth Amendment rights against the promotion of legitimate governmental interests.
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This Court has already articulated in detail the importance of the governmental concern in preventing drug use by schoolchildren. The drug abuse problem among our Nation's youth has hardly abated... [...] In fact, evidence suggests that it has only grown worse. [...] "[T]he necessity for the State to act is magnified by the fact that this evil is being visited not just upon individuals at large, but upon children for whom it has undertaken a special responsibility of care and direction." [...] Indeed, the nationwide drug epidemic makes the war against drugs a pressing concern in every school.
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[T]his Court has not required a particularized or pervasive drug problem before allowing the government to conduct suspicionless drug testing.
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...[T]he need to prevent and deter the substantial harm of childhood drug use provides the necessary immediacy for a school testing policy. Indeed, it would make little sense to require a school district to wait for a substantial portion of its students to begin using drugs before it was allowed to institute a drug testing program designed to deter drug use.
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Given the nationwide epidemic of drug use, and the evidence of increased drug use in Tecumseh schools, it was entirely reasonable for the School District to enact this particular drug testing policy. We reject the Court of Appeals' novel test that "any district seeking to impose a random suspicionless drug testing policy as a condition to participation in a school activity must demonstrate that there is some identifiable drug abuse problem among a sufficient number of those subject to the testing, such that testing that group of students will actually redress its drug problem." Among other problems, it would be difficult to administer such a test. As we cannot articulate a threshold level of drug use that would suffice to justify a drug testing program for schoolchildren, we refuse to fashion what would in effect be a constitutional quantum of drug use necessary to show a "drug problem."
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