Pubdate: Fri, 16 May 2003
Source: Associated Press (Wire)
Copyright: 2003 Associated Press
Author: Gina Holland, Associated Press Writer
Bookmark: http://www.mapinc.org/people/Stephen+Breyer (Breyer, Justice Stephen)
Bookmark: http://www.mapinc.org/youth.htm (Youth)
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.mapinc.org/find?203 (Terrorism)

SUPREME COURT JUSTICE SAYS DRUG TESTING HELPS CHILDREN SAY NO

WASHINGTON -- Supreme Court Justice Stephen Breyer told students Friday 
that school drug testing is a reasonable way to stop children from 
experimenting with narcotics.

Breyer explained his deciding vote in a case last June that gave school 
leaders nationwide a free hand to randomly test students who participate in 
competitive after-school activities or teams.

The court ruled 5-4 that schools' interest in ridding their campuses of 
drugs outweighs students' right to privacy.

A student at Bell Multicultural Sr. High School in Washington asked the 
justice what he thought about students who don't want to be forced to take 
drug tests.

"There are a lot of people who are under pressure from their peers to try 
the drugs. Sometimes that's hard to resist," said Breyer, a father of three.

He said drug testing for participation in extracurricular activities helps 
people who don't want to use drugs. A student "can say to his friends 'Well 
I want to go out for sports next year, well I want to join the debate team, 
well I want to be on the newspaper, so you see I can't."'

Breyer, who frequently votes with the court liberals, joined conservatives 
in the drug testing case from Oklahoma. The other justices who supported 
the challenged policy were Chief Justice William H. Rehnquist and Justices 
Antonin Scalia, Anthony M. Kennedy and Clarence Thomas.

"That was a reasonable thing for the school system to try," Breyer said. 
"I've seen enough people really ruined by this stuff that I can easily 
understand how the schools would want to try something like that."

The ruling did not authorize random tests for any student, but justices 
could deal with that issue later.

Breyer was fielding questions as part of an educational series televised by 
C-SPAN. He also talked about threats to civil liberties in the government's 
war on terrorism. He told students that everyone should be involved in 
making sure constitutional rights are not eroded.

"You are part of this democratic process," he said.

[SIDEBAR]

On the Net:

C-SPAN: http://www.studentsandleaders.org/video/justice-breyer.asp
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MAP posted-by: Jackl