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School Admins Demand Access to Students' Cellphones

Reverberant writes "School administrators in Framingham MA have implemented a policy allowing them to not only confiscate cell phones, but also to search through students' cell phone data as part of their anti drug/violence efforts. Students claim that the policy is an invasion of their privacy."

36 of 836 comments (clear)

  1. Kids these days... by NexFlamma · · Score: 5, Insightful

    What these kids don't understand is that simply by attending the school they lose the majority of their rights. Since they are minors, the school becomes their de facto guardian while they are there, and thusly, it has power that supercedes their rights.

    1. Re:Kids these days... by Anonymous Coward · · Score: 5, Interesting

      Then (big leap, I do realise), what's to stop the schools from manditory cavity searches? I mean, after all, they are de facto guardian... And what about the students that are 18 and in school, is the school STILL the de facto guardian? If not, then what right (legally, besides anything their handbook says) would the school have to take the phone?

    2. Re:Kids these days... by Umbral+Blot · · Score: 5, Insightful

      That might be legal, but is it right?

    3. Re:Kids these days... by Bogtha · · Score: 4, Insightful

      What these kids don't understand is that simply by attending the school they lose the majority of their rights.

      What better way to indoctrinate the adults of tomorrow? They won't miss what they never had.

      --
      Bogtha Bogtha Bogtha
    4. Re:Kids these days... by Sigma+7 · · Score: 4, Insightful
      What these kids don't understand is that simply by attending the school they lose the majority of their rights. Since they are minors, the school becomes their de facto guardian while they are there, and thusly, it has power that supercedes their rights.


      FYI, some of those kids in high-school are at or above the age of 18. Adults of sound mind do not have a legal guardian.

      Also, some cell phones are in the name of the student's parents. In this case, the student just has to keep it in "locked" mode, and tell the school to obtain the unlock code from the owner of the cell phone.

      The school claims it "is to improve security and stop the sale of drugs and stolen goods." The cell phone checking does absolutly nothing to prevent (or handle) these incidents since there is no record of numbers that are about to be called. In addition, the school does not have the investigative power to identify these items in question - this is handled by the police and they require a search warrent.

    5. Re:Kids these days... by TubeSteak · · Score: 5, Interesting
      In addition, the school does not have the investigative power to identify these items in question - this is handled by the police and they require a search warrent.
      If a teacher or school official has "reasonable suspicion", they can search you.

      You = Your person, your bag and your effects
      (No they can't strip search you)

      'Your' locker is usually not yours.
      Usually, school policy states it is the school's.
      This means it is always fair game to be searched.

      Your statement that teachers do "not have the investigative power to identify" is meaningless. They do have the power to investigate & they aren't making a legal finding of fact. If it involves suspected drugs or suspected stolen property, they're going to call the police, who will not require a warrant to do anything, since the teacher has already done the search.

      My guess is they want to poke through student's cell phones to dig up recent txt messages (I wnt 2 by drgs) and phone numbers. Now they have reasonable suspicion to extend their search(es). Evidence of any other crimes/violations of school policy are probably going to be fair game too.

      Moral of the story: If the school can, it will. Don't keep/take evidence of crimes at/to school.
      --
      [Fuck Beta]
      o0t!
    6. Re:Kids these days... by pikine · · Score: 4, Interesting

      I worry that kids who grow up without knowing their constitutional rights will not ever learn to exercise them later in their lives. Unfortunately, taking a civil studies class doesn't help because the rights being taught in class hardly relates to the student's real-life experience.

      If you have been habitually giving up your rights since childhood, you will not hesitate to do so again when you're an adult.

      That is how I grew up. I can tell you, if I were stopped and interrogated by a police officer, I would let him search all over me, inspect my identification, all without a second thought. If the police showed up at my door, I would invite them in and let them look at all my personal belongings. That is because I was taught that if you didn't do anything wrong, then you should not be afraid to be searched. But searching without evidence of a crime is wrong.

      I never learned about any of these until I saw this video: How to avoid being arrested by cops. Anyone should watch this.

      --
      I once had a signature.
    7. Re:Kids these days... by mariox19 · · Score: 5, Insightful

      You beat me to it, because I think this is the most important point of the whole issue.

      Part of the purpose of school, and in raising kids in general, is to socialize them: meaning, to raise them so that they will be able to live in society. I am not for minors having the full-fledged rights of adults; but, we have to remember that how we raise them will affect what kind of adults they turn out to be. For kids, school is, to a great degree, society. The society we create for them in school is the society they will learn to live with.

      When kids have to show ID at every turn, live out their day under the surveillance of security cameras, surrender their personal belongings on the whim of any authority figure, so on and so forth, it is far more likely that the great mass of them will grow up to be the kind of adults that will submit to an overbearing authority that allows them few rights.

      It's one thing when this kind of policy is instituted in a private school. I still think it's a bad idea; but, the parents sent the kid there and had a choice as to where to send him. But, if we are talking about a government school (though, the euphamism in the US is "public" school), this presents, in my opinion, a serious threat to our future. Public schools in the US hold a near monopoly in education; and though I am not going to accuse the government of a concious conspiracy to indoctrinate the youth of america with anti-liberal ideas, the results, if such policies become widespread, will be no different.

      To my mind, adults act as the custodians for the rights of kids: releasing various rights to kids as they become able to handle them responsibly. I'm all for adults being in charge; but any responsible adult realizes the grave responsibility he has towards the kids with which he has been given charge, and weilds that power in the service of raising kids to be responsible adults jealous of their liberty, rather than cowed wretches with no backbone in the face of authority.

      Kids deserve respect above all; and this needs to trump the illiberal policies instituted under the cover of promoting "safe schools."

      --

      quiquid id est, timeo puellas et oscula dantes.

    8. Re:Kids these days... by PunkOfLinux · · Score: 4, Insightful

      er... the STUDENTS agree to go to school? Ever hear of a little thing called compulsory attendance? It's more like the law agrees FOR them

    9. Re:Kids these days... by mysidia · · Score: 5, Interesting

      IANAL either, however, I believe the custodial position must be used in the kid's interests. Analyzing the kid's cell phone data for some vague reason is not in the kid's direct interests, even if it's supposed to help "anti drug/violence efforts," whatever that means -- the only possible use for the information is in effect to harm the kid, so the school has no right to forcefully operate the kid's private property so to access private information that is contained.

      The school would have no more right to do this then they would have to put a keylogger on their lab computers, gather students usernames&passwords, and peruse the contents of students' e-mail boxes for their "anti swear-word/hacking" campaign.

      Custodianship is not a blank check, and there are rights that custodians do not have -- even the parent would have no right to analyze the data, except for the fact, that the parent probably has legal ownership of the cellphone, and can therefore use the phone as they like and freely examine the data stored on that basis, because they OWN the device; if the kid paid for the phone and the phone service, then not even the parent has a right to operate the phone.

      Analyzing the phone requires operating it in a way.

      One issue however: if a password isn't required to access the information, then it may not be that private anyway -- a stranger could just as easily access the information, if the owner lost the phone, and this might be part of an effort to return the phone to its rightful owner. Rather than rely on some vague privacy rights to protect them: cell phone owners should erase sensitive data from their phones, or at least password the devices, and keep them locked when not in use.

    10. Re:Kids these days... by KarmaMB84 · · Score: 4, Informative

      They have every protection under the US Constitution and US Federal law. Students only have SOME of their rights slightly restricted. This is typically while at school or during the time they are supposed to be going/coming to/from school or when they are supposed to be there. The US Constitution makes no claims as to the age when you receive any rights. All citizens born in the US received are protected by the Constitution from birth.

      Why else would any lawyers argue over a minors' Constitutional rights in court all the time?

    11. Re:Kids these days... by jdbartlett · · Score: 5, Insightful

      Frankly, an unwarranted cavity search performed on a minor without the express permission of a legal de jure guardian is tantamount to child molestation.

      Schools have few more "rights" than babysitters.

    12. Re:Kids these days... by DavidTC · · Score: 4, Insightful

      But on the other hand, these kids can stop using their phones during class or turn them off and that might be the conclusion if that school doesn't get a way to monitor the traffic, because most likely they feel out of control of the things going on in that school and want to get back a hold on the problem.

      Erm, you didn't actually read the article. No one said anything about 'monitoring' cell phones, which, incidentally, would be illegal for anyone to do without a warrant. We're talking about searching cell phones.

      And no school or even college allows the operatation of cell phones during class. Not even, in theory, to send text messages. No one has a problem with that. Cell phone use should be restricted to out of class times, and it would be fine to restrict it to breaks only or even before/after school. No one has any constitutional problem with restrictions on cell phones, although for safety reasons students should be allowed to have them outside of the school day, at the very least.

      The problem is that this school feels they can search cell phones that happen to be on campus. Not 'used during class', not even 'in use', merely located on campus. And by 'search', we mean 'Go through the memory of', not 'flip open to see if something is sitting inside it', FYI.

      The previous excuses for searching lockers and bookbags were 'weapons and drugs'. You rather obviously can't have a weapon or drugs stored inside your cell phone. Even if they are searching for evidence of drugs, the original searches were allowed, with a warrant, under 'safety'...it's the same reason a cop can search you when you're arrested...drugs physically located at schools are dangerous, in theory, so they claimed, so they can search for them.

      Well, this really shows what the whole motivation for that thing was about.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    13. Re:Kids these days... by gilroy · · Score: 4, Interesting
      Blockquoth the poster:

      Guess again, counselor. You don't "lose" your rights because they're violated.

      True but irrelevant. These students aren't "losing" rights by going to school. They don't have those rights to begin with. At least, that is the interpretation the school will take, and it's backed up by both laws and court decisions.

      A thing a lot of students don't like to hear is, they simply are not accorded the same status and rights as a majority-age citizen. I know a lot who find that autocratic and unfair, which is (ironically) their right.

      On the other hand, it's clear that a child at birth is not actualized enough to make informed and healthy choices. So no matter how much we "liberate" children, there will be a lower end to it. Is 18 the right bound? I don't know. It seems to work more or less for most kids.

      Disclaimer: I am a high school teacher so of course I can be expected to side with The Man on this.
    14. Re:Kids these days... by JW.Axelsen.Sr. · · Score: 5, Funny
      what's to stop the schools from manditory cavity searches?
      fathers with handguns
    15. Re:Kids these days... by Aaron+England · · Score: 5, Insightful

      Student's "don't shed their constituiotnal rights... at the schoolhouse gate."
      - Tinker v. Des Moines

    16. Re:Kids these days... by Miamicanes · · Score: 5, Interesting

      I turned 18 in October of my Senior year in high school. I tried to sign my own permission form for a field trip (crossing out "son/daughter/ward" and writing "SELF" above) and hand it in, but was told I couldn't. Over the next few weeks, I pursued the matter up the bureaucracy chain until I finally got an appointment with the principal himself, trying to get someone to quote the exact written rule that actually prohibited legally-adult students from signing their own permission slips. The best I got was, "Look, that's just the way it is. If you don't like it, get a lawyer and take it up with the school board."

      My mom thought I was being silly... my dad was semi-amused... but neither would finance the lawyer, which unfortunately ended the matter there since I didn't personally have the cash to pursue the matter further.

      Looking back, I'm convinced that if hell exists, people die, then are forced to relive high school over and over for all eternity. I feel sorry for today's high school students. Things were bad in the late 80s, but dear god... the crap kids have to endure NOW from AuthoriNazi administrators is just over the top.

    17. Re:Kids these days... by Tweekster · · Score: 5, Insightful

      Interesting point, the parent owns the cellphone, the child cannot therefore give consent to have the phone searched by school officials. The parent just needs to claim THEIR privacy was invaded and the school has a new problem.

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
    18. Re:Kids these days... by Spock+the+Baptist · · Score: 5, Insightful

      Beyond the rights of the student...

      I gave my cell phone to my teen so that I could contact them when I need to.

      It's my rights that I'm concerned with here.

      While it is true that schools have in loco parentis powers those powers do NOT supersede my rights, authority, and responsibility as a parent.

      --
      "Oh drat these computers, they're so naughty and so complex, I could pinch them." --Marvin the Martian
    19. Re:Kids these days... by Frobnicator · · Score: 5, Insightful
      From TFA:
      School officials reserve the right to look through the cell phone when they suspect a student has drugs or stolen goods, according to Principal Michael Welch. ... The rule complies with federal law, which says a school can conduct searches when there is "reasonable suspicion" that a student has contraband.
      As for your other statement...

      If you need to get in touch with your kid, there is an established procedure for that: Contact the office. It may take a few minutes longer, but it won't end up disturbing the entire class while your kid figures out that it is his phone, digs it out of the bag, and starts chatting in the middle of a test or lecture.

      --
      //TODO: Think of witty sig statement
  2. Invasion of privacy? by jcr · · Score: 4, Insightful

    Yes, it certainly is. Kids, if any person demands to examine the contents of your cell phone, tell him to get a warrant. Call your parents, call the local press, and call a lawyer.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  3. Children forced to use encryption? by MarkByers · · Score: 5, Insightful

    Who exactly needs a cellphone at school?

    Noone needs a cellphone. Humanity survived before we even invented them. We don't need cars either. We survived without cars. You're missing the point though.

    Creating technology is a good thing and why we shouldn't we take advantage of it? It can be useful, fun or just interesting. If people want cellphones for whatever reason, why not? I can think of many reasons why having a cellphone is better than not having one. I don't see why people should have to justify it though. If someone else wants a cellphone they should be allowed to ahve one as long as they aren't breaking any laws, or in this case, school rules (such as turning them off during the classes).

    The real question is are school administrators allowed to reading their pupils diaries? What if their diary is stored on their cellphone? Should we give up all our privacy for the 'thinkofthechildren' and 'terrorism' projects?

    I say no. It's annoying that we are forced to use encryption to protect ourselves from our own authorities, but if that is what is required, so be it.

    --
    I'll probably be modded down for this...
  4. Re:Bad Laws? by bhima · · Score: 4, Insightful

    I am nearly 48 years old and I don't give a rat's ass about what some kid can or can not carry inside school grounds.

    But I *do* think that current privacy laws were enacted in bad faith and they are used in bad faith.
    And it is that very vagueness that allows their manipulation.

    As fars as children, cell phones, and privacy... If the school permits someone to carry a device within school grounds and they want to look at the contents of that device, they can go get a warrant... or they can go fuck themselves.

    --
    Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
  5. What a shocker by Anonymous Coward · · Score: 5, Interesting

    I'm not suprised at all by this.

    At my public high school in Texas, they do the exact same thing, in addition to a few other things...

    You're not allowed to leave campus for lunch, but students do anyway. However, if you get caught by security guards driving on their golf carts patrolling the student parking lot, they will search your car. If they find any "contraband" (pocketknife, lighter, drugs, OTC medicine including cough drops) you get an instant suspension. Here in Texas they love their Zero Tolerance laws.

    There is also another degredation of rights where I go to, pertaining to violence. If someone walks up to you and flat out punches you for no reason, you cannot do anything. If you fight back to defend yourself, you will be instantly suspended as well as the perpetrator. A kid last year was jumped by another student who stabbed him with a sharpened lead pencil, and when he fought back, eventually knocking the attacker to the ground and kicking him, he got suspended. He didn't even know his attacker.

    So, if you are suprised by this, don't be. It's sadly nothing new.

    1. Re:What a shocker by ScrewMaster · · Score: 4, Insightful

      Are there any lawyers in the audience that can comment on whether a school can legally strip a student of the right to defend him or herself from physical violence? So far as I'm concerned, if I'm attacked I will use whatever means at my disposal to remove the threat. Period. I think any other creature on this planet would do the same. Even an amoeba will fight back.

      Personally, I'd rather be suspended (or expelled) than suffer serious injury: some bullies don't know when to quit. Matter of fact, I used to get the shit kicked out of me quite regularly in grade school, until my ex-Marine uncle taught me some self-defense. Oh sure, I still got the shit kicked out of me but at least I had the satisfaction of causing some damage, and it took more of them. Now, given a choice, I'll avoid a fight on principle. However, sometimes I wasn't given the option, and in those cases I fought back: on principle.

      If nothing else, I managed to restore my self-respect, and if you don't think that's important you probably don't have any. Self-respect is especially important to someone that is being bullied. The whole point of being a bully is to build up your own self-respect at the expense of someone else's, a kind of mental vampirism. The psychological damage caused by bullying is significant and long-lasting, and school administrators that deal with bullying by futher victimizing the recipients need to learn what food stamps are all about.

      Telling a child that he can't defend himself from a bully is insane, pacifist bullshit more suited to a hippie commune than a school where, I have to say ... KIDS FIGHT. They do, because there's always those few that are violence-prone, and unless the school is prepared to completely excise those bad apples from the student body they have no good reason to punish any other student for fighting back. Generally speaking, schools won't get rid of the complete assholes because they, of course, have "rights". You would think that the kids they beat up would have the "right" to a terror-free school day, but apparently that's not a priority.

      This is obviously just for the convenience of the administration who would rather not deal with the subtleties of why someone was beaten to a bloody pulp. That's unfortunate, because it is an awareness of just those details that can prevent further violence. So, let's take a kid that's already having a hard time, tell him "when you're attacked, don't even think about throwing a punch", and then when he's lying on the ground bruised and miserable we'll suspend his ass for fighting. That's one sensitive administration you have there: what I would take away from that would be "no, we're not on your side, we don't understand right from wrong, really we're on the side of the bullies that are terrorizing you so don't even think of turning to us for help."

      That is probably not the message they think they're sending, but actions speak louder than words.

      --
      The higher the technology, the sharper that two-edged sword.
  6. It's quite simple... by Anonymous Coward · · Score: 5, Insightful

    The kids just enter names like 'pot dealer' with the principles home number. They text threatening things to their friends in jest, all pre-agreed between parties. They enter 'Osama bin laden' with the number of their local FBI field office. They text each other about fictional big-time drug deals and terrorist plots. They overload the system with so much false information that the entire exercise becomes pointless and a huge administrative burden.

    The staff should give the pupils full access to their mobile phones as a gesture of good will, you never can be sure what those pesky teachers get up to in their personal lives.

  7. Wireless Possibilities by pipingguy · · Score: 4, Interesting

    "Cell phone data" (depending on the device) could also mean stored info used to help with tests (as opposed to actual studying and learning) or "texting" answers to other students. Anti-drug/violence has nothing to do with this, but perhaps local, state or federal funding comes into play when schools get strapped for cash, so this is one way to get the money.

    This is a somewhat odd story, does Framingham have a serious drug-dealer problem or are they trolling for funding and government money?

  8. Obligatory Daria paraphrasing by Yvanhoe · · Score: 4, Funny

    Jane - Why don't I just go to Ms. Li and expose this whole cell phone spying thing?

    Ms. Morris - She already knows.

    Jane - Okay then back off or I'll tell the PTA.

    Ms. Morris - They know too.

    Jane - Congress?

    Ms. Morris - You're beaten Lane.

    Jane - How about if I call the three local TV stations and tell each one that the other two are running the story?

    Ms. Morris - Damn.

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  9. Not only the children, parents lose rights too by Shivetya · · Score: 5, Insightful

    One thing that has been common among "progressive schools" is that parents lose many of their rights governing the activities of their children once they cross the threshold of the school. For a society which likes to admonish parents for not holding their children accountable, discipling them, many think its okay for schools to usurp the parents choices. If you diminish the values of parents the children will lose respect for those values and you get the problem you claim you were trying to avoid.

    In many areas of the country the schools have been too invasive into families and worse they are nearly immune to correction. This is just another symptom of failing schools. When on the downward spiral you make damn sure all those who can criticize you fear you in one way or another. An "unusual" mark on a child - automatic suspicion of child abuse. Too thin, child abuse. Too fat, child abuse. DFACs should know!!! Bad grades, must be from a bad home environment; again child abuse!

    Want absurd? One guy at work mentioned that a neighbor got a letter from the school's counselor. Seems the kid didn't like what he did or did not get in his lunch his mom sent him to school with. The school actually wrote a letter suggesting that the parents aceed to their child's wishes or give him money to buy a school lunch or snacks!!!

    Too many of the schools are run by arrogant self style intellectuals. Another person at work recently moved so his wife could teach in a new school district all to get out from overbearing peers whose views of how children and parents should be handled came close to being unethical. There are many good teachers and administrators but too many are cowed by those who know the system and use it againts "non-conforming teachers", students, and even parents.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  10. Re:Property rights by TubeSteak · · Score: 5, Informative

    ACLU of Northern California
    http://www.aclunc.org/students/guide/searches.html

    "Can the principal or a teacher search me?

    Yes, but only under certain specific circumstances, because you don't give up your right to privacy when you go to school. Under the law, if a school official wants to search you, there are two requirements. First, before he or she searches you, there must be a "reasonable suspicion," based on facts, that the search will produce evidence that you are violating the law or a school rule. For example, the principal would have to have specific information that would lead a reasonable person to believe that a student is carrying a weapon, drugs or cigarettes. Second, the way he or she searches you should be "reasonable" based on your age and what is being searched for.
    These restrictions apply to searches of a student's person (i.e., pat down of clothes, emptying pockets) and any personal belongings, including backpacks, lunch bags, or cars (if they are on school grounds)."

    Reasonable suspicion = all your base are belong to school

    "Remember: if the principal asks if you agree to a search and you say yes, you can turn an illegal search into a legal search."

    --
    [Fuck Beta]
    o0t!
  11. It has to work both ways by Revolver4ever · · Score: 5, Insightful

    I went to Brooklyn Technical High School in New York and it was PLAGUED with scandals. Sexual abuse, underage sex, corrupt principal, teachers stalking kids, etc. You can read about our principal here: http://en.wikipedia.org/wiki/Brooklyn_Technical_Hi gh_School. Just scroll to the bottom for "Lee McCaskill controversy".

    Now I'm all for schools trying to keep drugs and weapons out of schools. But when the school administration itself is playing dirty, who can you trust? What if a pervert of a teacher accuses a girl of selling drugs and looks at her cell phone?

    If a school wants cell phone access for safety, then students (or at least the PTA) should have the same rights. I want to know that my principal is not spending school money to build a house. I want to know that my math teacher is not buying underage kid porn somewhere. I want to know that my dean is not in anger management classes. And so on. Seems extreme and strange for us to have this information right? Well that's the same way students feel when you take their cell phones and look through them.

    --
    If O2 is good, O3 must be 1.5 times better!
  12. STUDENTS agree to go to school? by falconwolf · · Score: 4, Interesting

    Ever hear of a little thing called compulsory attendance? It's more like the law agrees FOR them

    It's compulsory education not compulsory attendance otherwise children wouldn't be homeschooled and more and more children are being homeschooled. As far as I'm concerned policies like this, this cell phone policy, is one of the reasons parents are removing their children from public schools. Another policy I hate is the manditory drug testing many districts and schools have for participation in extra curricular activities. I especially hate the new "No Child Left Behind" from Bush. It stresses teaching for tests not learning and neglects subjects that are harder to measure progress in like arts, and music. Though I don't have any for a long tyme I've thought that if I ever had any children I'd home school them myself, teach what I could and get tutors for what I couldn't teach.

    Falcon
    1. Re:STUDENTS agree to go to school? by jridley · · Score: 4, Insightful

      Art and music may not (MAY not) result in you getting X% more paycheck, but there are things that are "useful" and "important" that are not related to a paycheck.

      I consider the time I spent in music in high school and college to have been very useful to me, though I don't think they've earned me a dime. I could have easily given up a couple of years of calculus and it wouldn't have affected me at all, including pay or play, but I wouldn't want to have not had my music classes.

      If you want to talk about useless, let's get rid of sports. It's insane how much money is cranked into sports. I don't have much problem with phys ed, but seeing schools that don't have enough teachers or classrooms, but they have a million-dollar football field really bugs me. Though I suppose to the people involved with those, they're important as well.

    2. Re:STUDENTS agree to go to school? by Associate · · Score: 4, Interesting

      Step inside any public high school, you won't likely find many of the 'elective' classes you remember.
      A friend of mine teaches and coaches wrestling. The wrestiling room is in the former shop class. I asked him what happened to all the equipment like saws and such. He said thanks to NCLB they didn't have the money to fund things like shop class. Federal mandate says that the money is to be used on core curiculum, ie test prep. So all the kids who might have benefitted from a little experience with power tools are now not even qualified to work construction. At least now they qualify to work fast food.

      --
      Someone hates these cans.
  13. Earls vs. Board of Education of Tecumseh PSD, 2002 by jdbartlett · · Score: 5, Informative

    You can read more about reasonable suspicion here. Disturbingly:

    The Supreme Court held in Earls vs. Board of Education of Tecumseh Public School District (2002) that random drug testing was `reasonable' and did not violate the Fourth Amendment. The Court also held schools served as `guardian and tutor', could exercise `greater control than those for adults' and had `important interests' in the health and safety of students. The Court finally held that schools did not need to show an `individualized suspicion' nor a `demonstrated problem of drug abuse' and there was no `threshold level' of violation that needed to be satisfied.

    Since it's been established that cell phones are fair game, could this ruling be used in defence of random cell phone checks?

    I'd ask what next, but I fear I already know.

  14. Rights, freedoms and responsibilities by Anonymous+Brave+Guy · · Score: 4, Informative

    A thing a lot of students don't like to hear is, they simply are not accorded the same status and rights as a majority-age citizen. I know a lot who find that autocratic and unfair, which is (ironically) their right.

    Yes it is, but I disagree with them. The UK has some pretty serious problems right now, and IMNSHO an awful lot of them stem from politically correct initiatives that affect how children may be treated and the rights they have. On the one hand, no forms of corporal punishment are now allowed in our schools, and parents must be wary of even smacking their children for fear of being accused of child abuse. On the other hand, antisocial behaviour has become one of the biggest problems facing our society. I've seen one of my neighbours confronting kids who were about to key the side of his car, and heard one of them shout at him that he couldn't do anything, because the kid was under 10 and he couldn't commit a crime - and I live in a pretty good neighbourhood compared to many places. Similar stories abound, often with responsible adults (including parents and teachers) winding up in court or otherwise under suspicion, while Joe Angelic seems untouchable even if caught red-handed doing something he shouldn't be.

    Now, it doesn't take a genius to spot the connection here. Children don't yet have an adult level of maturity and responsibility; that's why they're still children. Thus it is manifestly unreasonable to treat them the same way as adults and expect the same response. I refuse to support the NSPCC (the biggest child protection charity in the UK) while they maintain that an absolute ban on smacking children is appropriate and use the "you wouldn't smack an adult" argument. We can debate the relative merits of corporal and other forms of punishment, and there are always the "My parents smacked me and it did me no harm" and "Well, I raised a child just fine without ever smacking them" brigades. However, I think even their axiom here is wrong: we do use violence, if necessary, to enforce the law on adults. This is, ultimately, what police forces and the military do. It may be reserved for use as a last resort, but the threat is always there. By excluding this possibility on a far smaller scale, children are actually being given a higher status than adults!

    It happens that in this case, I do disagree with the rule. I think it's absurd that older children should have no default right to privacy, which is what this boils down to. You don't suddenly turn 18 and become responsible, and you're not automatically a menace to society at 17 years and 364 days. If there is a good reason for the adults responsible for that child to think they need to see something on the phone, that's one thing, but there must be a good reason.

    Ultimately, it all comes down to the rights, freedoms and responsibilities thing, as it usually does in these discussions. The two are, or at least should be, fundamentally tied together. As long as you have adults who are legally responsible for minors, they need to have some degree of authority, and the minors can't reasonably expect the same level of rights and freedoms as if they were adults completely responsible for their own behaviour. On the other hand, as children grow older and behave more responsibly, it is inappropriate to deny them any extension of their rights and freedoms to match. Getting the balance wrong, in either direction, will inevitably lead to problems either where children are undisciplined and irresponsible, or where adults take advantage of them inappropriately.

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