Pubdate: Wed, 10 Apr 2002 Source: Concord Monitor (NH) Copyright: 2002 Monitor Publishing Company Contact: http://www.cmonitor.com/ Details: http://www.mapinc.org/media/767 Author: Sonia Scherr Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) Bookmark: http://www.mapinc.org/youth.htm (Youth) A WALKING, TALKING CIVICS LESSON Teen's Case Before U.S. Supreme Court Dartmouth College HANOVER - Dartmouth College student Lindsay Earls sat in the wood- paneled Tower Room of Baker Library last week, studying judicial review for a course titled "Civil Liberties and Individual Rights in the United States." For Earls, who's thinking about a career in constitutional law, the course's topic resonates beyond the realm of academics: She is the 19- year-old freshman whose U.S. Supreme Court case will decide whether public schools nationwide can conduct random drug testing of students involved in a wide array of extracurricular activities. As a member of the high school choir in Tecumseh, Okla., Earls was compelled to take a urine test in 1999 after her school district instituted random drug testing for students participating in activities that involved interscholastic competition. Earls felt the test was unjustified - since no one suspected her of drug use - and an invasion of her privacy. Her family consulted ACLU lawyer Graham Boyd, who advised them that the only way to change the policy was to mount a legal challenge. Last month, Earls spent part of spring break listening to her case being argued before the Supreme Court. The court agrees to review approximately 100 cases a year - or one out of every 70 petitions that it receives. Earls, who said she never imagined her case would reach the nation's highest court, said the experience was "incredible." Earls returned to campus two weeks ago after her case had been featured on the front page of The New York Times and on CBS's morning show. "It's been a thrilling response I've gotten here," she said. Students she didn't know have approached her to ask, "Are you Lindsay? Are you the girl with the Supreme Court case?" "When I say 'yeah,' they're like, 'wow, that's so cool.' " Her roommate, Carolyn Parma, is one of the students who has supported Earls's efforts. "I didn't see the necessity for drug testing in those kind of (non-athletic) activities," said Parma, 19, "so when Lindsay told me her rights felt violated, I kind of agreed." Her case has also come up in some Dartmouth College government courses. (Ironically, it was discussed in her American politics course last fall on a day when she had to miss class to meet with her lawyer.) But the recent outpouring of interest from the Dartmouth community doesn't reflect the challenges Earls faced during the three years that her case moved through the court system. In fact, Earls said, she wasn't sure she wanted to continue after the initial ruling against her, in U.S. District Court. A fourth-generation graduate of Tecumseh High School, Earls was uncomfortable opposing the district in which she'd been a student nearly all her life. After speaking to her parents and grandmother, however, "I knew that I would have them supporting me no matter what, so at that point I didn't feel like I would have anything to lose," said Earls. "I decided that it was important enough that someone needed to stick with it." Her high school friends supported her decision, but a lot of people in the community did not. Many were pleased with the school board's anti- drug policy and expressed outrage at the Earlses' move to challenge it. There were hurtful letters in the local paper and nasty calls to radio shows. There were also rumors suggesting that Lindsay Earls used drugs, even though she passed three drug tests. (Earls said her parent forbade her to listen to talk radio because of the level of meanness.) "They really didn't see the whole invasion of privacy side," Earls said of the people who spoke against her. Earls's mother, Lori, said there were people who privately supported the family's decision, although they were far less vocal than those who opposed it. "We're really proud of her for pursuing it," said Lori Earls, a medical technologist. "It's not easy for someone her age to stand up and voice their opinion about something they think is wrong, and she has done a very good job of that." Hot topic at home Mike McCormick, executive editor of the Shawnee News-Star, a daily newspaper that covers Tecumseh, said the town of 6,000 residents tends to lean toward the conservative side. He said he believes that people have had strong feelings on both sides of the issue, with community sentiment tilted slightly in favor of the school board's position. "I do not think this is something at this point in time that has been that divisive (in Tecumseh)," he said. The Supreme Court agreed to hear the case after the U.S. Court of Appeals for the 10th Circuit ruled in Earls's favor last year. Earls called the high court's announcement in November "a pleasant surprise," although her reaction was tempered by the possibility that the favorable ruling could be overturned. Nonetheless, she said, "I felt this is an issue that needs to be decided for the entire nation, not just the 10th Circuit." In a 1995 decision, the Supreme Court approved drug testing for students on athletic teams, citing the school's interest in combating a known drug problem in which some athletes were involved. Earls argued that random testing should not be extended to students who participate in other extracurricular activities, in part because they do not face the special risks that athletes do by using drugs. Asked how she felt about Justice Anthony Kennedy's remark implying she was a "druggie," Earls said, "I couldn't believe he said that. I just started laughing in the audience. It was pretty frustrating that I couldn't just stand up and say, 'Look at me: Do I look like a druggie?' " Earls said she tries not to think about the ruling that the Supreme Court is expected to announce this summer. But news accounts in The New York Times and The Washington Post have said the court appears likely to decide in an extremely close vote that broad drug testing is constitutional. If the court rules against her, "it will be upsetting but it won't make me feel any differently about it," Earls said. "I feel like someone needs to stand up for students' rights, and even if I lose I'll know that I did try. It's more like a thing within myself that I needed to do." - --- MAP posted-by: Jay Bergstrom