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02:57 PM on 03/22/2012
“Until people follow this girl's example, nothing will change, in school or the workforce. And for all those smugly sitting back with "must be on drugs" on their mind, I wish your forefathers could see how lightly you treat what they thought they were fighting for. If it weren't against the constitution, your congressman and senators would be tested. There's a reason why they are not. It's called the 4th amendment. Ask them.”

"Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive" - C.S. Lewis
amd52
Beauty is in the Eye of the Beholder.
12:18 PM on 03/23/2012
Sometimes, i really believe we are going bk to stupid. This is an 11yr old kid not 35 young man. Their is no privacy when it comes to your kid. If you think there is you are not playing with a full deck, and what kind of parent are you? you talk about our forefathers get bk to the constituion the way it was before obama took office, he is the one who has basically did not tell us the truth, now if you ask me why get an education with your daughter. Rights at 11, sheesh.
10:35 PM on 03/23/2012
What kind of parent? One that is responsible and respects my child...since the day he was born. At 11 years old, I speak for him because people like you think he's too young to have rights in this country. One that respects our country, its history, and the rights given to me by the ideas that formed the union of this country.
I have since been informed, this is the form allowing drug testing IN CASE of an accident...etc.,etc. Not quite the same issue as the story is written, is it?
Obama? Sheesh! Another citizen that thinks everything is about political affiliation instead of unified human rights.
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ssassy78
Laughter is the best medicine.
09:41 PM on 03/24/2012
HA! Obama might have extended the Patriot Act, but he sure didn't introduce it! Our civil liberties have been chipped away at for decades! jbyars was very accurate; our founding fathers would be disgusted. Furthermore, our elected officials are NOT being tested, and the 4th amendment is EXACTLY why.
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Natalie Worlow
Law student extraordinaire
01:22 PM on 03/22/2012
I see her point and can understand it, but personally I couldn't have cared less if my high school had wanted to drug test me so I could remain in the band. I had nothing to hide then, and I have nothing to hide now. My employer is more than welcome to ask me to pee in a cup. I pee so much during the day anyway, it wouldn't be an inconvenience to me at all. My right to refuse to pee in a cup is one right I'm not going to waste my time fighting. Now, if I were doing drugs, I'd probably feel differently...
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BobZ256
relaxing under time pressure
02:11 PM on 03/22/2012
Look at Ryan Braun, major league baseball player, Most Valuable Player (MVP) Award winner last year. He swears he doesn't do drugs and his drug test came back positive. He took it to court and won his case but he'll never get his clean reputation back. He'll always have a stigma attached to him that he tested positive for banned substances.

I hope for your sake you never have a urinalysis come back positive if you don't do drugs as you say. Imagine what alternatives you'd have if you are the poor sap who gets a false positive. I'm sure you'd feel differently should that occur rather than the self-righteous foolishness you're posting now. Unlike you I am more realistic regarding the propensity of humanity regarding perfection. Human beings make mistakes, no test is one hundred percent fool-proof so it stands to reason that false positives do happen. Hopefully you'll have the economic resources to overturn a false positive, like Braun did, lawyers and having your day in court aren't cheap. Maybe that's what some of these Cons meant when they were running around saying, "freedom isn't free."
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Natalie Worlow
Law student extraordinaire
02:17 PM on 03/22/2012
Chill.
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Natalie Worlow
Law student extraordinaire
08:54 PM on 03/22/2012
You know, it's like my conspiracy theorist stepbrother. He tells me all the time that the government is listening in on my phone calls and reading my text messages. I'm like..."Meh. All I talk about are my dogs and poop, so they're probably bored as hell." I'm not doing anything terroristy, so I couldn't give a shit if the government is listening in. Though every now and then, just to keep things interesting, I send my sister a text like, "The eagle has landed." or "The weasel has rounded the mulberry bush. I repeat, the weasel has rounded the mulberry bush." Though, again, that's usually a thinly veiled poop reference.
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Rideropurplesage
Et lux in tenebres lucet
05:29 PM on 03/22/2012
Till you get old and your meds indicate a high risk on the company health insurance policy and covertly let you go somehows!
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Chatt
Has anyone seen my micro-bio?
01:04 PM on 03/22/2012
Drug testing an 11 year old for choir? Really? What are we becoming?
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01:50 PM on 03/22/2012
In most states the extra curricular activities (band, choir, athletics, etc.) have a state governing body that has it's own set of rules and regulations that the schools and students must adhere to. Although it does seem a little extreme to drug test an 11 year old for choir, its probably part of a rule that was set in place more for the high school students which then trickles down to the middle schools.

My 7th and 8th grade girls are required from the state to sign an oath which states they promise not to use steroids. Are they really at risk to use steroids? Absolutely not, but since they are part of the athletic program which falls under this state governing body, they are required to sign certain documents.

I'm not on one side or the other.....just trying to put a little bit more information out there than what HuffPo wrote.
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Chatt
Has anyone seen my micro-bio?
01:55 PM on 03/22/2012
Thanks
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10YearTeacher
10:58 AM on 03/22/2012
Totally agree with her. Choosing to participate in extra-curricular activities does not make her a suspect in a crime. If she is not a suspect in a crime, the state-in any form-does not have the power to access her bodily fluids.

The only exception to this is for performance-enhancing chemicals and sports, because there is a vested interest by both the school and the state to identify students who take these. The governing councils of school sports in practically every state have ruled that this is kosher, and the courts have agreed. However, this power does not mean they can randomly drug test any student in any extra-curricular activity for any drug.
amd52
Beauty is in the Eye of the Beholder.
12:24 PM on 03/23/2012
Wouldn't you want to no if your kid was using, i would esp. in the world today.
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10YearTeacher
08:42 AM on 03/24/2012
Sure, but that is MY responsibility and MY perogative as a parenty.
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taina2
If you aren't mad, you're not paying attention
09:39 AM on 03/22/2012
I support her, but since it's extra activity the drug czars will prevail.
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VA Jill
I'm not perfect and neither are you
09:08 AM on 03/22/2012
Either test *everybody* or nobody. It's that simple.
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BobZ256
relaxing under time pressure
02:41 PM on 03/22/2012
What's with the, "prove yourself innocent," stance implied by drug testing which is arguably counter to Constitutionally guaranteed rights explicitly stated under the Bill of Rights, regarding unlawful searches and the Fifth Amendment right against self-incrimination (the right that you don't have to testify against yourself) afforded all citizens? What crime is a child accused of that needs to be cleared by random urinalysis prior to participation in a school choir? Let's keep it real, if an 11-year-old is abusing drugs or alcohol, wouldn't other symptoms have manifested themselves by now? What of the statistics regarding "at risk" children and participation in extra-curricular/after-school activities, last I heard it is a positive one?
amd52
Beauty is in the Eye of the Beholder.
12:25 PM on 03/23/2012
Again, what are the parents so afraid of that they are fighting this? knowing all the garbage that goes on today.
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April Elisabeth Markov
08:58 AM on 03/22/2012
She is not getting paid to sing in the choir. She does not have to take a drug test. How stupid. Come on, music educators. Stand up for your kids getting taken out of your ensembles.
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hawaiianstile
all hail the balance of nature.
08:48 AM on 03/22/2012
i hope she wins, and good for her standing up for her rights rather than just bending over and taking it like a good little american.
amd52
Beauty is in the Eye of the Beholder.
12:27 PM on 03/23/2012
As, someone else had stated if mom and dad signed a contract the school can sue do to breach of the contract, i do not think there is a case there.
08:48 AM on 03/22/2012
Isn't this considered "Profiling"? If drug testing is going to be part of procedure going forward then I think our elected officials should lead by example ad start the testing with themselves so the beliefs they are trying to force upon us are at least done in a fair manner and it just might flush out some of the double standard. It should be whats fair for one would be fair for all. I personally think it is a waste of money fighting the drug war, especially a little weed that grows naturally from the ground, that money could be much better spent educating the harmful effects of the much more dangerous drugs for prevention instead. Alchohol is much more dangerous than this little weed not only to a persons health but also the addiction. I don't even smoke the stuff but I know the fight against it is not cost effective. Good information is on the NORML site with facts not myths. Don't our officials have better things to focus on???
09:56 AM on 03/22/2012
No ONE should be subjected to being searched (drug tested) without probable cause and a legal warrent. The republicans can try to justify violating our rights but NO ONEs rights should ever be violated.

The 4th amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized".
11:01 AM on 03/22/2012
It is NOT against the law to "profile" everyone does it just about everyday. including you.
08:47 AM on 03/22/2012
Why would you drug test a kid in order to allow them to participate in school activities? If a kid IS on drugs, wouldn't it be a GOOD thing for them to participate in these activities as an alternative? I just don't get it.
09:58 AM on 03/22/2012
Kids on drugs dont generally participate in school activitys. Drug testing that girl is against her 4th amendment right.
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Anoop Kammaran
11:23 AM on 03/23/2012
This is the one point most of the people here seem to have missed. The school did not use force to get the girl to take the test. Its just a simple pre-requisite to the extra-curricular activities. The girl always has the option to not take the test.
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Ken Koziol
08:47 AM on 03/22/2012
When are they going to start screening the staff of the schools.?
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10YearTeacher
10:58 AM on 03/22/2012
What would be the point of that? Does working in a school automatically make you a suspect for criminal behavior?
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Mrmiklos
11:44 AM on 03/22/2012
Does being a STUDENT automatically make one a suspect for criminal behavior. THE POINT Ken was I think making is if they're testing the kids we want to know they are testing the principal, teachers, and counselors FIRST
ktv813
Disappearing ink ...
08:43 AM on 03/22/2012
Its not about if she has nothing to hide then give a urine sample. That's the same ploy that police use to get a person to waive the right to remain silent and the right to keep a policeman out of your pockets, your car trunk or your house without a warrant.

A sixth-grader at Swift Middle School was removed from the orchestra and chorus, and can't participate in athletic or academic teams, for refusing random urine screening. I don't think an 11 year old is using steriods or other PED's for sports - the article doesn't say she is involved in sports - she was removed from orchestra and chorus. If the test isn't for PED's and is for marijuana and other illegal drugs, and those drugs render one incapable of participating in orchestra, chorus and athletics, then the adult teachers, moderators and coaches for those activities should also be tested. If drugs renders one incapable to participate in academics then all teachers should be tested.
10:04 AM on 03/22/2012
NO ONE should be tested anywhere without a legal warrent. It is against our 4th amendment rights. The courts decided 100's, if not thousands of times that it was against our fourth amendment rights to drug test people without due process. In the mid 90's, one court decided it was ok to drug test someone in a case and now allmost 20 years later, allmost everyone is subjected to being drug tested or the goverment is trying to make laws to drug test anyone. The goverment and its drug testing policys are totally out of control.
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Anoop Kammaran
06:59 PM on 03/22/2012
Its all for the better, to keep people from using illegal drugs and to finally remove drugs from the country completely. Why is that a problem?
08:40 AM on 03/22/2012
What grounds do they have to sue? The answer is simple. Don't won't to be drug tested, don't sing in the choir. That is like suing the Department of Motor Vehicles because they want let you drive without taking a driver's test. Don't want to take a driver's test, then don't drive!
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hawaiianstile
all hail the balance of nature.
08:47 AM on 03/22/2012
wow good job comparing apples to oranges. testing a drivers ability before letting them control a potentially deadly machine at high speeds, is NOTHING like demanding a sample of a little girls urine before shes allowed to sing in the school choir. dust your tiny brain for cobwebs some time.
09:54 AM on 03/22/2012
Then where do you draw the line? Who makes that decision?
08:56 AM on 03/22/2012
The ACLU is suing on the grounds that not allowing this child to participate in an activity at a public school is a violation of her civil rights. Would you like to submit your blood/urine/DNA just so you could use the public library or take your kids to the playground? Its ridiculous.
09:10 AM on 03/22/2012
I don't have a problem giving a urine sample for a test for anything. I think that ALL welfare, food stamp and others receiving government assistance should be tested.
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Anoop Kammaran
06:57 PM on 03/22/2012
Let me make this simple for you. When you want to use the facilities provided by an institution, then you need to follow the rules. Do you sue a restaurant for making you pay for the food, saying that you have the right to eat?

If I have a problem submitting the blood/DNA sample to a public library, I wouldn't complain about it. I would just find another library which doesn't want my blood. Its not like its the only library in the world. Besides, there is also the rule at the library that you need to return the book on time. Are you suing the library saying that you have the right to own the books?
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Octagonalsign
No, YOUR micro-bio is empty...
08:37 AM on 03/22/2012
Her parents are afraid she will test positive, then claim it was from second hand smoke at home....
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Anoop Kammaran
11:32 AM on 03/23/2012
Obviously... :)
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shrinepres
22 Shriner Hospitals Free Medical care for kids
08:36 AM on 03/22/2012
I normally do not support or condone anything the ACLU gets behind. But, in this case they are correct. The current climate of random drug tests for any little thing is getting ridiculous. Heaven forbid if you look at someone the wrong way you suddenly find yourself having to pee in a cup. I believe what you do in your own tiome should be no ones business buit your own. As long as it does not endanger anyone else. As a country we either need to require every single person in this country to take a drug test or can the whole program. For this middle school child to have to pee in a cup to participate in choir is asinine. I truly hope the school loses this case.