[Winona Online Democracy]
The recent discussions on the issue of violence in schools and the concomitant
violation of privacy rights has been extremely interesting. I would just like to add a
couple of thoughts from a legal perspective if i may.
First, no rights are absolute no matter how much we may want them to be. I don't
disagree with the students who feel their rights are violated by being forced to
submit
to a search of backpacks, for example. However, in a free society we at times must
balance individual rights with the need for a safe, secure society. Remember, one of
the main purposes of government, as stated in the Preamble of the US Constitution, is
provide for a "domestic Tranquility" and "promote the general welfare". Remember too
that the privacy rights of the student with a gun in his/her backpack ar also
violated when that pack is searched.
Further, the 4th and 14th Amendments proscribe only "unreasonable" searches. It is
sad, but in light of Columbine and other similar incidents searching student backpacks
may no longer be "unreasonable".
The augment has been made that incidents of school violence have been few and the
changes of it happening at any given school at any given time is slight. While, that
may well be true, it is also somewhat irrelevant to the issue of rights vs. security.
By comparison, the changes of any given flight being sabotaged is slight too, yet all
passengers must pass through metal detectors before boarding a plane.
In closing, just let my say that although i agree in theory with the dissenters, at
times legal theory has to give way to reality. Sad but true.
Dean Lanz;
Attorney-at-Law
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