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It has been argued that requiring student-athletes to submit to drug tests is a violation of their right to privacy. However, courts have ruled at
It has been argued that requiring student-athletes to submit to drug tests is a violation of their right to privacy. However, courts have ruled at both the high school and college level that drug testing does not violate a student's right to privacy.
Your text specifically references three court cases on this issue:
- Vernonia School District v. Acton, 515 U.S. 646 (1995)
- Board of Education v. Earls, 536 U.S. 822 (2002); and
- Hill v. NCAA,865 P. 2d 633 (Cal. 1994).
For this question, address each of the following in full:
- Explain to me where our right to privacy comes from, legally speaking. (This may require a little outside research).
- Briefly summarize how the court ruled in each of the three cases referenced above
- Explain why the court reached its ruling/why it ruled that way.
- Should Congress step in and regulate drug use in professional sports? Why or why not? Be sure to identify the benefits and dangers of Congressional action on this issue. [NOTE: An appropriate response here should have more words than I used in writing the question - those who choose not to heed this will find their grade disappointing.]
- Consider in your answer not only the text you read in your book/supplemental resources and readings but also: Drug testing in professional sports is a different animal from the high school and college level. Players in each of the major sports leagues in the United States (MLB, NFL, NBA, NHL) have unionized and collectively bargain with the team owners and governing organizations of each sport. Federal law - specifically the National Labor Relations Act (NLRA) of 1935 that's discussed in Chapter 5 - requires that any drug testing must be negotiated and agreed upon between both the player's union and the employer. In certain industries - aviation, trucking, railroads - Congress has stepped in and specifically required drug testing. There's a certain level of negotiation that still takes place, but the ability of the unionized employees in those industries to negotiate terms of that testing is significantly more limited. The logic here is that drug abuse in these industries can have a significant impact on public safety. Professional sports are one of the highest-profile industries in the country. Performance-enhancing drug use receives significant attention because of athletes who have been caught using.
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