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Posted on June 26, 2009

High Court Rules Against Student Strip Searches

In a major decision regarding student rights, the Supreme Court ruled 8-1 that school officials did not have the right to strip search a student based on unsubstantial evidence that she had brought pain pills to school.

In 2003, Arizona school officials argued that they had a "reasonable suspicion" to search then 13-year-old Savana Redding because one of her friends incorrectly accused Redding of bringing pills to school. The school district banned all kinds of medication.

The Fourth Amendment to the Bill of Rights protects Americans from unreasonable seaches and seizures.

Ms. Redding was so traumatized by the event, in which she was required to shake out her undergarments, that she never returned to the school.

In this video, Jim Lehrer discusses the particulars of the case with Marcia Coyle of the National Law Journal.

"The standard for school officials is reasonable suspicion or, as Justice Souter explained, a moderate chance of finding evidence of illegal activity. But the search also has to be reasonable. It cannot be excessively intrusive in light of the student's age and sex and the nature of the activity the student's accused of doing." - Marcia Coyle, National Law Journal

"[Justice David Souter] said a strip-search conveys a message, a very serious message, that you've done something seriously wrong. And it's also humiliating and degrading to the student, and so it demands its own special, specific suspicion." - Marcia Coyle, National Law Journal

"[Justice Clarence Thomas] felt that the court's new standard here for strip-searches was too vague and that the courts now were intruding massively in the role of the schools in order to maintain discipline and safety as students." - Marcia Coyle, National Law Journal

1. What is the role of the Supreme Court?

2. What is the Bill of Rights? Name some of the rights.

1. Do you think that the Supreme Court ruled fairly in this case? Why or why not?

2. Do you think that students deserve the same rights as adults? Why or why not?

3. In this case, the justices had to balance the needs of schools to keep students safe with the fundamental rights of the students. Which side to you think is more important?

4. Do you think schools have the right to strip search students? In what cases?

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