Here’s one for the books. Two female school employees (a secretary and a nurse) performed a strip search on a 13-year-old female student, in search of prescription-strength ibuprofen pills (one of which is equivalent to two Advils). The girl had to strip to her undies, pull her bra out and move it around (nothing hiding in those cups!), then (in the girl’s words) “[t]hey made me open my legs and pull out my underwear.”
Good grief. Isn’t middle school enough of an ordeal without this?
A lawsuit followed (what a surprise). The U.S. Court of Appeals for the Ninth Circuit found that the search was unreasonable. The majority wrote: “It does not require a constitutional scholar to conclude that a nude search of a 13-year-old child is an invasion of constitutional rights.” The majority also found it “a violation of any known principle of human dignity.”
The dissent admitted the case was “a close call,” given the “humiliation and degradation” the girl suffered, but concluded that it wasn’t “unreasonable for school officials, acting in good faith, to conduct the search in an effort to obviate a potential threat to the health and safety of their students.”
The school district has taken this matter up to the Supremes, who will hear arguments on April 21.
Professor Richard Arum, who teaches sociology and education at New York University, says the high court should handle this matter with care.
“Do we really want to encourage cases,” Professor Arum asked, “where students and parents are seeking monetary damages against educators in such school-specific matters where reasonable people can disagree about what is appropriate under the circumstances?”
Hmm. Here’s another question: Do we really want to encourage school staff members to err on the side of strip searching adolescent girls to find prescription-strength ibuprofen? Based on the word of another girl who was actually caught with pills, then blamed her former friend (the plaintiff in this case)?
There’s a real tension here, between the need to police drug use on school grounds and student privacy rights. Where does one draw the line?
Regarding the circumstances leading to the search, the girl says the school didn’t even consider that her disciplinary record was spotless.
The school district’s response: “Her assertion should not be misread to infer that she never broke school rules, only that she was never caught.”
Oh, please.
Frantic Friday Roundup
March 20, 2009 · Leave a Comment
This is cool–Gov. Arnold Schwarzenegger has announced the new California Green Corps program, a statewide effort to train young people (ages 16 to 24) to work in the state’s fledgling green-tech industry.
And in other news pertinent to California and some other states, the U.S. Attorney’s Office says it won’t prosecute pot sellers operating under state medicinal marijuana laws. (High time, I say. No pun intended.)
According to this psychologist, drugs don’t help with dementia as much as human contact will.
Dave Pogue writes about how the infrastructure for charging electric cars (streetside charging outlets!) is being built in six countries and two U.S. states.
And the recession hits the recycling industry. (Buried at the bottom of this article is this hopeful sentiment: “Regardless of the market, an unexpected benefit of the recession is that the environment still comes out ahead when people are producing and consuming less.”
This op-ed raises the question: just how much should we worship the rich, anyway? The writer concludes by saying, “Certainly the claim of the rich to play an indispensable role in the American economy will be treated with more skepticism than in the recent past, and their ability to preserve their loopholes and other advantages in the tax code will diminish.” Hmm. This cynic isn’t so sure, but we can always dream, can’t we?
Finally, this one’s a gas. (Pun quite intended.) Does the ACLU know about this?
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