FOURTH AMENDMENT VS. DRUG TESTING

The Supreme Court agreed today to decide whether or not the Fourth Amendment -- which protects the right to privacy -- also prevents schools from conducting drug tests on students. The lawsuit was brought in Oregon against a school district which tossed the plaintiff, James Acton, off the football team in 1991 after he refused a drug test. A lower court ruled against the student but the 9th U.S. Circuit Court of Appeals reversed the decision. The district's appeal relies on a 1985 Supreme Court ruling that states that the need to maintain order in public schools can justify limits on privacy rights.