[Dixielandjazz] Not okom - US Supreme Court on marching band dangers
Tim Eldred
julepjerk@surewest.net
Fri, 28 Jun 2002 08:16:37 -0700
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Amidst the normally mind-numbing legalese of its decisions, occasionally =
a US Supreme Court Judge slips in a bit of humor. This is an excerpt =
from a dissenting opinion regarding the random drug testing of students =
who engage in any extra-curricular school activities, including marching =
band. The majority upheld the constitutionality of the testing program =
at Tecumseh High School. (Vernonia is a previous decision upholding =
drug testing for athletes...)
I love the picture generated by the first part of the final sentence!!!
For its part, the United States acknowledges that the linebacker faces a
greater risk of serious injury if he takes the field under the influence =
of
drugs than the drummer in the halftime band, but parries that the risk =
of
injury to a student who is under the influence of drugs while playing =
golf,
cross country, or volleyball (sports covered by the policy in Vernonia) =
is
scarcely any greater than the risk of injury to a student handling a
1500-pound steer (as Future Farmers of America members do) or working =
with cutlery or other sharp instruments (as Future Homemakers of America =
members do). One can demur to the Governments view of the risks drug use =
poses to golfers, for golfers were surely as marginal among the =
linebackers, sprinters, and basketball players targeted for testing in =
Vernonia as steer-handlers are among the choristers, musicians, and =
academic-team members subject to urinalysis in Tecumseh. =
Notwithstanding nightmarish images of out-of-control flatware, livestock =
run amok, and colliding tubas disturbing the peace and quiet of =
Tecumseh, the great majority of students the School District seeks to =
test in truth are engaged in activities that are not safety sensitive to =
an unusual degree.
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<DIV><FONT face=3DArial size=3D2>Amidst the normally mind-numbing =
legalese of=20
its decisions, occasionally a US Supreme Court Judge slips in a bit of=20
humor. This is an excerpt from a dissenting opinion regarding the =
random=20
drug testing of students who engage in any extra-curricular school =
activities,=20
including marching band. The majority upheld the constitutionality =
of the=20
testing program at Tecumseh High School. (Vernonia is a previous =
decision=20
upholding drug testing for athletes...)</FONT></DIV>
<DIV><FONT face=3DArial size=3D2></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2>I love the picture generated by =
the first part=20
of the final sentence!!!</FONT></DIV>
<DIV><FONT face=3DArial size=3D2></FONT> </DIV>
<DIV>For its part, the United States acknowledges that the linebacker =
faces=20
a<BR>greater risk of serious injury if he takes the field under the =
influence=20
of<BR>drugs than the drummer in the halftime band, but parries that the =
risk=20
of<BR>injury to a student who is under the influence of drugs while =
playing=20
golf,<BR>cross country, or volleyball (sports covered by the policy in =
Vernonia)=20
is<BR>scarcely any greater than the risk of injury to a student handling =
a<BR>1500-pound steer (as Future Farmers of America members do) or =
working with=20
cutlery or other sharp instruments (as Future Homemakers of America =
members=20
do). One can demur to the Governments view of the risks drug use =
poses to=20
golfers, for golfers were surely as marginal among the linebackers, =
sprinters,=20
and basketball players targeted for testing in Vernonia as =
steer-handlers are=20
among the choristers, musicians, and academic-team members subject to =
urinalysis=20
in Tecumseh. Notwithstanding nightmarish images of out-of-control=20
flatware, livestock run amok, and colliding tubas disturbing the peace =
and quiet=20
of Tecumseh, the great majority of students the School District seeks to =
test in=20
truth are engaged in activities that are not safety sensitive to an =
unusual=20
degree.</DIV></FONT></DIV></BODY></HTML>
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