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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- VERNONIA SCHOOL DISTRICT 47J v. ACTON et
- ux., guardians ad litem for ACTON
- certiorari to the united states court of appeals for
- the ninth circuit
- No. 94-590. Argued March 28, 1995-Decided June 26, 1995
-
- Motivated by the discovery that athletes were leaders in the student
- drug culture and concern that drug use increases the risk of sports-
- related injury, petitioner school district (District) adopted the Stu-
- dent Athlete Drug Policy (Policy), which authorizes random urinaly-
- sis drug testing of students who participate in its athletics pro-
- grams. Respondent Acton was denied participation in his school's
- football program when he and his parents (also respondents) refused
- to consent to the testing. They then filed this suit, seeking declara-
- tory and injunctive relief on the grounds that the Policy violated the
- Fourth and Fourteenth Amendments and the Oregon Constitution.
- The District Court denied the claims, but the Court of Appeals
- reversed, holding that the Policy violated both the Federal and State
- Constitutions.
- Held: The Policy is constitutional under the Fourth and Fourteenth
- Amendments. Pp. 5-19.
- (a) State-compelled collection and testing of urine constitutes a
- ``search'' under the Fourth Amendment. Skinner v. Railway Labor
- Executives' Assn., 489 U. S. 602, 617. Where there was no clear
- practice, either approving or disapproving the type of search at
- issue, at the time the constitutional provision was enacted, the
- ``reasonableness'' of a search is judged by balancing the intrusion on
- the individual's Fourth Amendment interests against the promotion
- of legitimate governmental interests. Pp. 5-7.
- (b) The first factor to be considered in determining reasonable-
- ness is the nature of the privacy interest on which the search in-
- trudes. Here, the subjects of the Policy are children who have been
- committed to the temporary custody of the State as schoolmaster; in
- that capacity, the State may exercise a degree of supervision and
- control greater than it could exercise over free adults. The require-
- ments that public school children submit to physical examinations
- and be vaccinated indicate that they have a lesser privacy expecta-
- tion with regard to medical examinations and procedures than the
- general population. Student athletes have even less of a legitimate
- privacy expectation, for an element of communal undress is inherent
- in athletic participation, and athletes are subject to preseason
- physical exams and rules regulating their conduct. Pp. 7-11.
- (c) The privacy interests compromised by the process of obtaining
- urine samples under the Policy are negligible, since the conditions
- of collection are nearly identical to those typically encountered in
- public restrooms. In addition, the tests look only for standard
- drugs, not medical conditions, and the results are released to a
- limited group. Pp. 11-14.
- (d) The nature and immediacy of the governmental concern at
- issue, and the efficacy of this means for meeting it, also favor a
- finding of reasonableness. The importance of deterring drug use by
- all this Nation's schoolchildren cannot be doubted. Moreover, the
- Policy is directed more narrowly to drug use by athletes, where the
- risk of physical harm to the user and other players is high. The
- District Court's conclusion that the District's concerns were immedi-
- ate is not clearly erroneous, and it is self-evident that a drug
- problem largely caused by athletes, and of particular danger to
- athletes, is effectively addressed by ensuring that athletes do not
- use drugs. The Fourth Amendment does not require that the ``least
- intrusive'' search be conducted, so respondents' argument that the
- drug testing could be based on suspicion of drug use, if true, would
- not be fatal; and that alternative entails its own substantial difficul-
- ties. Pp. 14-18.
- 23 F. 3d 1514, vacated and remanded.
- Scalia, J., delivered the opinion of the Court, in which Rehnquist,
- C. J., and Kennedy, Thomas, Ginsburg, and Breyer, JJ., joined.
- Ginsburg, J., filed a concurring opinion. O'Connor, J., filed a dis-
- senting opinion, in which Stevens and Souter, JJ., joined.
-