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- March 21, 1989
-
- Allan Adler or Janlori Goldman (202) 544-1681
- Art Spitzer or Liz Symonds (202) 457-0800
- Loren Seigal (212) 944-9800
-
-
- ACLU DENOUNCES DRUG TESTING RULINGS
-
- The American Civil Liberties Union (ACLU) today said that the
- U.S. Supreme Court's rulings in two federal government drug
- testing decisions issued this morning "have made the Fourth
- Amendment the latest and most senseless casualty of the nation's
- so-called `war on drugs.'"
-
- The decisions, which upheld separate testing programs under
- regulations issued by the Customs Service and the Federal
- Railroad Administration, explicitly rejected any need for a
- judicial warrant or even a finding of individualized reasonable
- suspicion of drug or alcohol use to justify mandatory urinalysis
- and blood testing requirements for Customs Service employees in
- certain sensitive positions and railroad workers following the
- occurrence of an accident.
-
- "Although the Court's holdings in these cases ostensibly allow
- suspicionless testing only of individuals in certain occupations
- and circumstances involving `special needs,'" the ACLU noted,
- "the sweeping language of the majority opinion in the railroad
- case appears to legitimize such mandatory testing in any area of
- employment that the government claims authority to regulate for
- `safety-related' reasons."
-
- "Moreover," the ACLU continued, "the Court's decisions today will
- severely undermine personal privacy interests beyond the drug
- testing issue. The majority opinions do nothing less than
- rewrite the Fourth Amendment by ignoring traditional restraints
- on government search authority and, as Justice Marshall
- observed, `eliminating altogether the probable-cause requirement
- for civil searches.'"
-
- In the wake of these decisions, the ACLU will continue its
- efforts to fight the spread of government-mandated drug testing
- by seeking to distinguish the Court's rulings today as they may
- be applied to other occupations and circumstances. The ACLU will
- also urge Congress and state and local legislative bodies to
- reject the Court's cramped reading of the Fourth Amendment and to
- provide citizens with the traditional protections against
- unreasonable searches that have endured through other past
- national crises.
-
- Call THC BBS: +1 604 361 1464 HST 1:340/26 Over 6,200 Text Files!
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