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by fred-mertz June 26, 2009 12:04 AM EDT
You are a moron. It is the MOST relevant question. The answer to that question determines whether or not such behavior is "reasonable" or "acceptible". Judges are human beings, and they have to apply their knowledge and experience and understanding to their decisions. If that were not true, we could just replace them all with computers. Feed in the constitution, feed in the particulars of the case, and out comes the decision. Fini.

If you take any child off the street and force him or her to disrobe and expose his/her "privates" because you want to see if they are hiding ibuprophen in their underwear, you will be arrested, tried, and convicted as a perverted s.3x offender and child molester. Schools are NOT prisons. Teachers and adminstrators are NOT immune from the same laws that govern everyone else. (and, neither are prison guards, for that matter!)
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by DoubleHappiness88 June 25, 2009 11:56 PM EDT
Gohan31,
The case was NOT about school administration authority. Further, the constitution prohibits unreasonable search. The nation is grateful you are not a judge.

Gohan31, see help for your reading comprehension problem.
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by apple2pie June 25, 2009 11:51 PM EDT
This man makes the best poster child against affirmative action.
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by skyk-2009 June 26, 2009 8:27 AM EDT
He wasn't picked because of affirmative action! He was picked because of his CONSERVATIVE Judicial Positions.. the fact he was black served to prevent the kind of oversight he should have gotten before he was put on the bench.
by saj210 June 26, 2009 10:25 AM EDT
Stop being stupid!
by geronimolives June 25, 2009 11:51 PM EDT
Appears as if the out-of-touch Supreme Court and Andrew Cohen have overdosed on fantasy! Tragically, the Supremes appear to have effectively handed blanket immunity to the thugs, gangs, guns, knives (case reading indicates contraband knives in the school are nexus in this case---apparently overlooked by other commenters) and drugs who are killing and injuring many children in our public schools. The Justices likely enjoy very powerful protective services as in armed guards with the power to kill attackers and thugs. Thanks to the Supremes, Innocent children in the schools now must try and survive among school gangs and gunners who'll love the enhanced protection afforded by this absurd ruling. Also, by fair extension all intrusive airport, courtroom searches, security cameras and other detective devices need to be turned off. Hey, and all and any future planned intrusive scan security devices at the Supreme Court should now be turned off. Could the case have been handled better at the school with a call to the parent or guardian prior to a search by a nurse? Perhaps, but giving Osama bin Laden or the local drug and gun dealers a Probable cause shield in Restricted Public Areas like schools, courtrooms, airports and airplanes is a dangerous step in the wrong direction. Bird Poo Award to Cohen and the Supremes on this one.
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by skyk-2009 June 26, 2009 8:25 AM EDT
So what other rights and freedoms are you willing to give up so some School Administrator can look for Ibuprofen? You do what all fanatics do... you take the situation and twist it, mix in a VERY healthy dose of blind fear and toss in a lot of Police State mentality, posing it all as a solution to our Drug problem. You are as sick as Thomas!!
by abbe91 June 29, 2009 7:20 AM EDT
Calling a parent is the first thing they should have done. Next, if they think that a kid is hiding something illegal and dangerous (guns, knives ...), they should call law enforcement. School staff shouldn't be allowed to strip search anybody, under any circumstance. As far as I know, Columbine and VA Tech killers didn't hide their guns in their underwear.
by fred-mertz June 25, 2009 11:49 PM EDT
dman7895, your grasp of the US Constitution is pathetic. Starting your argument with "Historically..." demonstrates that you haven't been paying attention to the law at all. It EVOLVES over time. What was "OK" yesterday may not be "OK" tomorrow.

For example, Historically, in the "good ole USA", "upstanding citizens" have strung up "uppity ***.g3rs" like Thomas and then gone out for drinks! Are you saying that such behavior is perfectly acceptible now, just because it once was OK, "Historically" speaking? I think NOT!

As a psychologist myself, I say that you are a complete moron, dman7895.

"A precise reading of the constitution shows nothing to prevent this", you say? HA! At the time the US constitution was written, if ANY school teacher did a strip-search of a 13 year old female student for ANY reason whatsoever, that student's father, and ALL the good people of the town would storm into the school, grab that teacher, and kill him immediately.

"If we want this behavior to be unconstitutional, we must write it into the document and/or state statutes, and not have it be judicially created."

Total BS. See the FOURTH AMENDMENT to the US Constitution. Note the reference to "unreasonable search and seizure". You are no lawyer. You are just an imbecile.
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by DoubleHappiness88 June 25, 2009 11:45 PM EDT
Anita Hill tried to tell us that Thomas was a sick-o.
Too late. Thomas has the job for life.
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by gohan31 June 25, 2009 11:34 PM EDT
I don't believe that Justice Thomas is being perceived correctly in this matter. This case is not about what was done to the girl. This case is about school administration having sole and absolute authority in school. I think he really trying to say this is not a constitutional issue.
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by DoubleHappiness88 June 25, 2009 11:56 PM EDT
Gohan31,
The case was NOT about school administration authority. Further, the constitution prohibits unreasonable search. The nation is grateful you are not a judge.

Gohan31, see help for your reading comprehension problem.
by skyk-2009 June 26, 2009 8:22 AM EDT
So you think the framers of our Constitution wouldn't see a problem with school administrators doing to this child what they did? You know so very little of our History or the Men who started this great nation. They would have taken those administrators out an horse whipped them along with Thomas!!
by jblacktree June 25, 2009 11:26 PM EDT
Been a professor/teacher for over 20 years and this event is beyound my imagination. If this happened at a university, everyone involved would be fired, I promise you. That it happened to a child of 13 is obscene. That the sick man above approved chills my blood.
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by calicheflat June 25, 2009 11:21 PM EDT
Lets see the logic. If there's dope and it's not in the backpack or in the pocket then it's not dope in the school, or doesn't exist at all. Send your kids to that school and then sue them for negligence for not policing the safety of the campus when there's an incident. Cohen makes his perfect liberal argument while dispariging the Justice for his logical conclusion that adults should have authority over children in schools who are reported with illegal medicaton, or weapons perhaps. If you can't search for drugs, can you search of small pistols and knives (other than in backpacks and pockets.)
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by creeper00 June 26, 2009 8:38 AM EDT
There's one glaring flaw in your argument. Ibuprofen is NOT dope. By their own acknowledgment, that is what they were looking for...a legal, OTC pain reliever.
by kansas1946 June 27, 2009 12:02 AM EDT
Well, when the school checks your twelve-year-old's vagina for tylenol, call us and let us know how you feel about it. If there isn't dope in the underwear, then there is no dope in the school, huh. I guess you forgot about colons and vaginas.
by BeckieBest June 25, 2009 11:20 PM EDT
Another right wing nut.
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