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Opinion Majoring in minors: Turning schools into totalitarian enclaves

John W. WhiteheadJust as the 9/11 terrorist attacks created a watershed between the freedoms we enjoyed and our awareness of America’s vulnerability to attack, so the spate of school shootings over the past 10- plus years from Columbine to Newtown has drastically altered the way young people are perceived and treated, transforming them from innocent bystanders into both victims and culprits. Consequently, school officials, attempting to both protect and control young people, have adopted draconian zero tolerance policies, stringent security measures and cutting-edge technologies that have all but transformed the schools into quasi-prisons.

In their zeal to make the schools safer, school officials have succumbed to a near-manic paranoia about anything even remotely connected to guns and violence, such that a child who brings a piece of paper loosely shaped like a gun to school is treated as harshly as the youngster who brings an actual gun. Yet by majoring in minors, as it were, treating all students as suspects and harshly punishing kids for innocent mistakes, the schools are setting themselves and us up for failure—not only by focusing on the wrong individuals and allowing true threats to go undetected but also by treating young people as if they have no rights, thereby laying the groundwork for future generations that are altogether ignorant of their rights as citizens and unprepared to defend them.

Nowhere is this more evident than in the increasingly harsh punishments and investigative tactics being doled out on young people for engaging in childish behavior or for daring to challenge the authority of school officials. Whereas in the past minor behavioral infractions at school such as shooting spitwads may have warranted a trip to the principal’s office, inschool detention or a phone call to one’s parents, today, they are elevated to the level of criminal behavior with all that implies. Consequently, young people are now being forcibly removed by police officers from the classroom, strip searched, arrested, handcuffed, transported in the back of police squad cars, and placed in police holding cells until their frantic parents can get them out. For those unlucky enough to be targeted for such punishment, the experience will stay with them long after they are allowed back at school. In fact, it will stay with them for the rest of their lives in the form of a criminal record.

Consider the case of Wilson Reyes, a seven-year-old elementary school student from the Bronx who got into a scuffle with a classmate over a $5 bill. In response to the incident, school officials called police, who arrested Reyes, transported him to the police station and allegedly handcuffed the child to a wall and interrogated him for ten hours about his behavior and the location of the money. His family is in the midst of pursuing a lawsuit against the police and the city for their egregious behavior.

A North Carolina public school allegedly strip-searched a 10-year-old boy in search of a $20 bill lost by another student, despite the fact that the boy, J.C., twice told school officials he did not have the missing money. The assistant principal, a woman, reportedly ordered the fifth grader to disrobe down to his underwear and subjected him to an aggressive strip-search that included rimming the edge of his underwear. The missing money was later found in the school cafeteria.

And in Chicago, a 15-year-old boy accused by an anonymous tipster of holding drugs was taken to a locker room by two security guards, a Chicago police officer, and a female assistant principal, and made to stand against a wall and drop his pants while one of the security guards inspected his genitals. No drugs were found.

That students as young as seven years old are being strip searched by school officials, over missing money no less, flies in the face of the U.S. Supreme Court’s 2009 ruling in Safford Unif. Sch. Dist. v. Redding. Insisting that Arizona school officials violated the Fourth Amendment rights of a 13-year-old girl when they strip-searched her on the suspicion she was hiding ibuprofen in her underwear, the justices declared that educators cannot force children to remove their clothing unless student safety is at risk.

Precedent-setting or not, however, the Court’s ruling has done little to improve conditions for young people who are the unfortunate casualties in the schools’ so-called quest for “student safety.” Indeed, with each school shooting, the climate of intolerance for “unacceptable” behavior such as getting into food fights, playing tag, doodling, hugging, kicking, and throwing temper tantrums only intensifies. And as surveillance cameras, metal detectors, police patrols, zero tolerance policies, lock downs, drug sniffing dogs and strip searches become the norm in elementary, middle and high schools across the nation, the punishments being meted out for childish behavior grow harsher.

With the distinctions between student offenses erased, and all offenses expellable, we now find ourselves in the midst of what Time magazine described as a “national crackdown on Alka- Seltzer.” Indeed, at least 20 children in four states have been suspended from school for possession of the fizzy tablets in violation of zero tolerance drug policies. In some jurisdictions, carrying cough drops, wearing black lipstick or dying your hair blue are actually expellable offenses.

These incidents, while appalling, are the byproducts of an age that values security over freedom, where police have relatively limitless powers to search individuals and homes by virtue of their badge, and where the Constitution is increasingly treated as a historic relic rather than a bulwark against government abuses. Where we go from here is anyone’s guess, but the future doesn’t look good from where I’m sitting—not for freedom as we know it, and certainly not for the young people being raised on a diet of abject compliance to police authority, intolerance for minor offenses, overt surveillance and outright totalitarianism.

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute and editor of GadflyOnline.com. His latest book The Freedom Wars (TRI Press) is available online at www.amazon.com. He can be contacted at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .





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