|
Real World Case Study:
Vernonia School District 47J v. Acton
(1995)
Introduction
Read
the article about student James
Acton. Answer the following questions:
- What is the constitutional issue?
- What are Acton's arguments?
- What arguments do you think the school would give?
- What is the standard regarding student search and
seizure that the Supreme Court of the United States
adopted in New Jersey v. T.L.O? Based
on this standard, how do you think the Court will
rule in Vernonia School District 47J v. Acton?
Find
out how the Supreme Court of the United States ruled
by reading the case abstract at Oyez,
or by reading the full text of the decision at FindLaw."
Questions
to Consider:
- What was the Court's ruling in Vernonia School
District 47J v. Acton?
- What rationale does the Court provide for its decision?
- Do you agree or disagree with this decision? Explain.
For
Further Thought:
- Reaction to the idea of drug testing of student
athletes has been mixed. On one hand, the National
Drug Strategy Network reports on Congress
Proposes Drug Testing All High School Students.
What legislation did Congress hope to pass? Do you
think that the Supreme Court of the United States
would ever allow this? Explain.
- Next, visit the ACLU's site "Back
to Schooland a Test You Can't Study For."
Why do some families oppose drug testing? What are
some of the steps they've taken to end drug testing?
What have the consequences been?
- On November 8, 2001, the Supreme Court of the United
States granted review in a case from a small town
in Oklahoma that asked the Court to expand its Vernonia
ruling by saying that all public school students involved
in extracurricular activities can be randomly tested
for drug use. Given what you know about the Court's
ruling in Vernonia, how do you think the Court
ruled in this case, Board of Education of Independent
School District No. 92 of Pottawatomie County
v. Earls, et., al?
- Find out how the Court ruled by clicking on Board
of Education v Earls.
- What rationale does the Court provide for its decision
in Earls? Do you agree or disagree with this
decision?
|