It seems to me that Eugene is talking about ends, and that this is a dispute
about means.
Of course we want students to attend school, we generally want them to comply
with the rules, and we generally want adults and students alike to comply with
the law. But we do not in this country use continuous surveillance as a means
to those ends. Continuous surveillance, typically implemented with ankle
bracelets, is reserved for people already convicted, or at least indicted, for
serious crime -- for people who could be confined to jail or prison, and who
are getting a break by being released subject to continuous surveillance.
The rights of children are not always equal to the rights of adults. But I
would want to see much stronger justification before creating a student
exception to something so fundamental.
As Marc Stern said, this is like the GPS device planted on a car -- except
without even a claim of reasonable suspicion.
On Thu, 22 Nov 2012 11:25:09 -0800
"Volokh, Eugene" <vol...@law.ucla.edu> wrote:
> Though I agree with much that Sandy says (and especially join in his
> Happy Thanksgiving wishes), I wonder whether the item below involves the
> tailing wagging the dog a bit. Many virtues that we inculcate in schools are
> only presumptive virtues, that sometimes must be set aside in favor of other
> virtues. That's true of honesty. (You might have to lie to the Nazi who
> comes to ask whether you're hiding Jews in your home.) It's true of solving
> problems in non-violent ways. (You might need to use deadly force in
> self-defense, or fight in a war to protect your country.) That's also true
> of following the law, and using law-abiding means to try to change laws you
> disapprove of. Yet it seems to me that it's good to teach such virtues, and
> have disciplinary or monitoring measures that help reinforce the virtues,
> even though we recognize that in rare circumstances such virtues need to
> yield to other concerns.
>
> Eugene
>
Douglas Laycock
Robert E. Scott Distinguished Professor of Law
University of Virginia Law School
580 Massie Road
Charlottesville, VA 22903
434-243-8546
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