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: Sports Law BlogWould Legislation Providing for Mandatory Drug Testing of Professional Athletes Pass Constitutional Muster?
By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman
In Vernonia School Dist. 47J v. Acton, 515 U.S. 646 (1995), the Supreme Court addressed whether it was constitutional for a school district to adopt a policy implementing random urinalysis drug testing of student-athletes, the expressed purpose of which is "to prevent student athletes from using drugs, to protect their health and safety, and to provide drug users with assistance programs." The Supreme Court noted that "state-compelled collection and testing of urine, such as that required by the Policy, constitutes a 'search' subject to the demands of the Fourth Amendment" and that "[w]arrants cannot be issued, of course, without the showing of probable cause required by the Warrant Clause." But "[a] search unsupported by probable cause can be constitutional, we have said, 'when special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.'" In upholding the constitutionality of the school district's drug testing policy, the Supreme Court also noted:
We caution against the assumption that suspicionless drug testing will readily pass constitutional muster in other contexts. The most significant element in this case is the first we discussed: that the Policy was undertaken in furtherance of the government's responsibilities, under a public school system, as guardian and tutor of children entrusted to its care.
And from a privacy standpoint, the Supreme Court noted that "the results of the tests are disclosed only to a limited class of school personnel who have a need to know; and they are not turned over to law enforcement authorities or used for any internal disciplinary function." Well, that would obviously be a legitimate concern with federal legislation imposing mandatory testing of professional athletes.
Full post as published by Sports Law Blog on February 27, 2008 (boomark / email).
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