Playing With Fire: Actual Parents React to Potential Supreme Court Decision on Student Strip Searches
As many of you know, the Supreme Court took up the case of school strip searches this week:
he Supreme Court seemed worried Tuesday about tying the hands of school officials looking for drugs and weapons on campus as they wrestled with the appropriateness of a strip-search of a 13-year-old girl accused of having prescription-strength ibuprofen.
Savana Redding was 13 in 2003 when Safford, Ariz., Middle School officials, on a tip from another student, ordered her to remove her clothes and shake out her underwear looking for pills. The district bans prescription and over-the-counter drugs.
The search was motivated by an uncorroborated accusation: a schoolmate had been caught with [oh the horror] prescription Ibuprofen, and accused Ms. Redding of being the source. But:
A schoolmate had accused Redding, then an eighth-grade student, of giving her pills.
Vice Principal Kerry Wilson took Redding to his office to search her backpack. When nothing was found, Redding was taken to a nurse’s office where she says she was ordered to take off her shirt and pants. Redding said they then told her to move her bra to the side and to stretch her underwear waistband, exposing her breasts and pelvic area. No pills were found.
In addition, the girl’s parents were not present: indeed, they didn’t learn about the search until it was fait accompli, which is when they sued. Now it’s in the Supreme Court, and given the juvenile statements by the dirty old men who populate the bench…
Oral arguments had Chief Justice John Roberts deadpanning: “You are saying if you have reasonable suspicion that it’s in the underwear, you shouldn’t even bother searching the pockets?”
Then there’s Antonin Scalia bemusedly discovering that school kids sometimes sniff markers.
You also have a few uncomfortable minutes in which Stephen Breyer reflects on his boyhood locker-room days, to the uproarious laughter of Clarence Thomas.
In context, though, nothing about the case is funny. The court is likely to rule against Savanna Redding, who at age 13 was strip-searched by officials at her Arizona middle school who had heard she was distributing prescription ibuprofen. Check out a recent USA Today piece for background.
The arguments in the Redding case are what you might expect — security of the student population versus the constitutional rights of individuals. The Court has a long history of siding against student rights in these cases. See New Jersey v. T.L.O, Vernonia Independent School District 47J v. Acton, Morse v. Frederick (that’s the “Bong Hits 4 Jesus” one), etc.
Justice Ruth Bader Ginsburg, the lone woman on the Court, rained on the dirty-old-man party by pointing out the differences between boys’ and girls’ locker-room culture: “(I)t wasn’t just that they were stripped to their underwear! They were asked to shake their bra out, to stretch the top of their pants and shake that out!”
In other words, what happened to Redding wasn’t the “no big deal” that some of the male justices were eager to write it off as.
…there’s more than a little concern that this may be declared constitutional, subjecting our kids to intrusive searches that, in my opinion at least, violate their rights. But not only that; given the outrageous number of cases, especially in Catholic schools, of teachers and administrators who get caught fondling or groping minors, if the justices vote to approve these searches, it puts our kids at risk of molestation as well.
But it also seems there are risks for teachers and administrators as well, and in fact it’s my prediction that many will refuse to go along with this, an opinion I hold due to a highly unscientific, informal poll i conducted with other parents I know. This was my question:
I am taking a very informal, unscientific poll and I hope you’ll participate.
As you may have heard, the supreme Court will be deciding soon on whether it is constitutional for school administrators to strip-search students, even if the accusation is uncorroborated (in the case the SCOTUS is hearing, a child was strip searched after being falsely accused by another of giving her ibuprofen)
So i have a question for you: legal or not, what would you do if your son or daughter came home and told you they had been strip searched at school, based on an uncorroborated accusation?
The parents I know come from a wide variety of backgrounds. Many are more conservative than me, some are politically disengaged, education levels run a gamut, and in fact at least two are bona fide fire-breathing right wingers. Here are their responses, names redacted:
Can you say “Lawyers”? I know alot of them and they are nasty.
***
My kid’s locker was searched recently based on an uncorroborated accusation (nothing found, mind you) and it was irritating. Strip search, and I’d be charging them with child abuse and pederasty.
***
First, I’d skin them. Then, I’d eat them alive…
More realistically, I would ream the admins heads off in a way that was commensurate with the humiliation beset upon the child. I’d go to the school board and pta and do this, and push for resignations.What profoundly egregious lapse of judgment. (this was from a teacher, parent of three)
***
1. Find out why they (allegedly) did.2. Hit the roof.
3. Call Mike, the friendly family lawyer. (from a computer programmer,Viet Nam military vet)
***
I for one would lose my freaking mind.
If it is this School’s policy to maintain a zero policy with drugs(for example) and they deem that there is cause for this search, then this search should be preformed by the proper authorities (i.e. Police) and not by school administrators.I am a firm believer that the rolls of the enforcing the rules in a school, should fall on a predetermined body (campus police, Community Police, or local PD) and not be left in the hands of administration for the simple fact that they are not trained to carry out this function; no more so than the police are trained to teach. While you may be “able” to perform a particular function, it doesn’t mean that you are “required” to do so.
Since when is it the schools role to police their students and not EDUCATE their students? I, for one feel that a student has a reasonable right to privacy, and while I also understand that other students have a reasonable expectation for safety, if they (school admin) honestly believe that there may be a serious issue in a given situation, then it should not fall on them to carry out said search. It is simply not in their jurisdiction. they are there to TEACH, Not Act as Judge, Jury, Warden or Parole Officer. They should have referred the case to an authorized body.
My other question is, Were the parents given the opportunity to be present at this search? Who was the advocate for the child?
***
I would likely remove my child from the school – and begin litigation.I don’t think there are any circumstances where strip-searching a minor without the consent of the parent and without the parent present is warranted.
***
I can’t even reply to this. I’d get too angry and scary. I have done scary things when my kid has been harassed at school by a teacher or another student. it’s the only time I am out of control. I don’t like my kid being forced to go to school.
***
if my kid was strip-searched at school for any reason…I would call the police to file charges against the person who strip-searched them, get my kid to their doctor, and get a lawyer. I would find my child a new school.As a teacher, I believe that ff a kid is suspected of an egregious act, the police should be called. They will frisk the kid for weapons or contraband. If necessary, take the kid into custody. If the kid is
under a certain age, I think 16, the police will call the parents to witness a search and be part of an interview. What is wrong with these administrators/districts? Have they lost their minds? (from a teacher)
***
I think it’s interesting that the SC is hearing the case on the grounds of legality, for future instances, not for the potential rights violation that has already occurred for the kid.
She’s 19 now, and probably rich. What ever happened with her?And I’d be pretty pissed, but like, what can you do? Be glad you have a son and not a daughter.
***
I don’t collect brass knuckles merely because I like their aesthetics.‘Sall I’m sayin’.
***
I would retain council immediately and begin proceedings against anyone involved. I would want the first correspondence to the school to be on legal letterhead. I would also contact the media and see if I could not scare up a story.If a suit is filed for serious money it will get the media and the school board’s attention.
Screw ‘um. I’d go nuclear.
***
There would be aaaa police involved, there would probly be some medical personal at the scene….and yes I would probly be incarcerated. So with that being said ,,,, would you come see me or put money on my books????
***
go up and raise f’en hell.
***
Not in favor of strip-searching children. If my daughter came home and said she’d been strip-searched, I think I’d call the police (she’s five). I think I’d also call the state chapter of the ACLU.Actually IN favor of children (even 5-year-olds!) being able to take ibuprofen in school.
***
“Kick ass and take names”I would publicize on my blog and here on Facebook. I would write the Inky and the DN, as well as the weeklies.
I’m probably not a good data point because of the school where my daughter is at, though — she’s at a Quaker school where this kind of thing is so unlikely to happen as to be unimaginable. You know, I was … Read Moretelling her just yesterday while we were watching the news that zero-tolerance policies and the strip searches they lead to are a huge, huge reason why she’s not in public school in the first place.
***
Totally against strip-searching children. And most of the stuff the subject them to in the name of “safety”
***
You know my answer. They clearly don’t have the training to have such a responsibility. I would be shocked, and disappointed in our legal system, if she didn’t win.
***
unexeptable…shouldn’t they call the police if that concerned and isn’t it the police who are trained to do these kind of searches…who is doing strip search…nurse?dean?principal?gym teacher?…thinking back to when I went to school…would you want that scary nurse from Rogers?or the… gym teachers from thompson?or Mr.B? to strip search your child…just wrong…One of the many many reasons I homeschool my 2 kids!!!! (former classmate, hence RI public schools references)
***
‘d be pretty pissed. Especially if it were over ibuprofen. (I suppose that’s being categorized as a gateway drug of some sort now…) And then I’d seriously reconsider paying property tax ever again. Even at the doctor’s office there’s always a nurse in with the doctor, so how’s that working with the school?How would the school administrators and teachers have the trust of the students ever again after doing something like that and over something really so trivial? How long have they tried to tell students that they should come to them if something was ever wrong? And I can see abuse of this on so many levels–revenge between students, practical jokes, and let’s not forget administrators who are just a little bored and twisted.
Sheesh.
***
sorry but i would have to kick some serious ass.
***
This would never be ok in my book. These things seem to happen by people that have no training on how to do a proper search and it is hard to belive that for all that schools won’t do because of liability that anyone working in a school would be willing to do a strip search on a child. Sounds like someone made a really bad judgement call in the … Read Moresake of zero tolerance and the school now needs to justify. I would certain that there is no procedure in place for strip searches at the school where this happened. (special ed teacher)
***
Absolutely not. If the school called me and wanted to do something of the sort, I would perhaps come down and do it myself. However..If my kid had an obvious drug problem, had been busted before and was an all around fuck up, I would probably take the “you play you pay” stance. But honestly, I would be pissed. It’s my kid. If a lawyer or cop cannot question my child without me being there or without my consent, then the same should hold true for this scenario as well.
***
There is no way I would consent to anyone strip searching my child, and for sure if they did so in search of ibuprophen I would seek to get that person fired for sure. There are few people in the world with the right to perform such searches and even they would need to justify such a search on a child.
Having said that, I think that any teacher or … Read Moreauthorized adult in the educational community should be able to ask my children to empty their pockets as well as answering any meaningful questions while on school grounds. I even feel lockers are school property and openable at the discretion of the school. I don’t like police being involved with school activities at all, but a strip search is certainly police business. If a principal cannot find a better way to deal with a child then they need to be replaced. Someone give the poor kid a motrin already…
***
utterly unacceptable. heads would roll
***
This would be unacceptable under any circumstances!
***
I like what Cynthia wrote. Definetly NOT ok in my book. If there is a problem I should be getting a phone call before my child is even talked to. That is a major violation.
***
That would just not be cool at all. I think the next call the school department would be getting would be from my attorney then one from some attorney with the ACLU.
***
clarifying.Honestly, I’m of two minds. On the one hand, I try to be reasonable when people are just trying to keep others safe–and I’ve had practice–my husband had a fairly scruffy/possibly foreign look right after 9-11, so we were “randomly selected” almost every time we flew. If … Read Morethey were looking for a gun, and had an accusation from a reliable kid, maybe I’d let it go. But only if there were immediate issues of safety.
On the other hand, this particular case sounds like someone with some control issues who felt like she couldn’t let the kid get one over on her no matter what. I think those kinds of teachers/administrators should be fired even if they don’t go so far as to force kids to prove their innocence via strip search. Seriously–why should a no tolerance policy only extend to the kids? That the teacher was wrong doesn’t, I’m sure, help the school’s argument.
It will be interesting to see what the Court’s decision is, but if this informal and unscientific poll is any indication, it sounds like the shit will hit the fan for a lot of administrators if they chose to lay a hand on any of these parents’ kids. Further, I would encourage any parents outraged by this to contact their senators and representatives: as we saw in the wake of the Supreme Court’s misguided ledbetter decision, it forced our representatives to pass the Lily Ledbetter Fair Pay Act of 2009. Legislation to protect our kids may well be necessary when the SCOTUS is made up of neanderthals and reactionaries.
I hope that’s something the justices keep in mind as they joke about sniffing markers and digging through children’s underpants.
UPDATE: and then we have this:
Strip searching is wrong –unless I’m doing it and the chick is over 18 and hot.
Thank you for participating, Justice Thomas, and sorry for the pubic hair on your coke.
April 24th, 2009 at 10:40 am
[...] Original post by Brendan Calling [...]