He Read The Rules

by Staff | September 20, 2006 3:15 PM | | Comments (3)

The following was written by Louis Brenner, a junior at Metropolitan Business Academy, a New Haven public school. Brenner has stayed away from school to protest a new policy of random electronic searches of students’ entering the building.

I am a 16 year old at the Metropolitan Business Academy and have gotten myself between a rock and a hard place with my school.
On the drizzly day of Sept. 15, 2006, I got off my bus to enter The Metropolitan Business Academy and found myself stopped by a security guard. He said: “Please put your book bag on the table and take out any metallic objects on your person.”
I looked him in the eye and said, “I do not consent to an unwarranted search – I would like to exercise my 4th Amendment right.”
His reply was, “You have to.”
I looked him in the eye and said, “No I do not. I do not consent.”
I was then asked to step aside and wait. A teacher asked me to call my parents on my cell, which I did. He asked my father what he was to do, and my father said that I am old enough to make my own decisions and do whatever the book tells him to do.
Well, apparently there is no book, because I was not suspended, nor were the police called. I was just told I could not enter the building unless I gave my consent. My father made his way to the school as I sat in the drizzle and sketched up some outlines for a flyer to hand out first thing Tuesday.
When I got home I began to do research. I e-mailed the ACLU along with my lawyer and some old teachers of mine. After I sent out the emails I started compiling a case and instant messaging all my friends in an attempt to get them on my side and protest along with me.
During my search for evidence to back up my argument I came across the booklet I received at orientation that put all the rules and regulations in black in white. While reading that booklet I came across a passage that reads:
“School authorities are authorized to conduct searches of students or their property if there is reasonable grounds at the inception of the search that indicate a particular student is in possession of an item or a substance that represents a material threat to school routine or is prohibited by school board regulations or by law.”
I would not mind these searches if they had a real reason to believe that I, the individual has a weapon, but this is not the case. It states above that they MUST accuse me of committing a crime or having something on my person that poses as a threat to the school. Since these searches only encompass close to 1 in 5 students, I believe the resources and money are being wasted. Our rights are being infringed and yet there is still an 80 percent chance a student may come to school with a potentially harmful weapon. I believe this has to stop.
When speaking to other students in my school, I have come to the conclusion that only 1 in 4 have truly studied the constitution in all of its glory. I think this is the first step for the government to take advantage of us. They do not educate the future generations of the rights millions have died in vain to get us.

* * * *

I went to school again yesterday (Tuesday the 19th), only this time with the booklet that I received at orientation stating that they must have due cause for searching an individual, and again was sent home.
I was told that the manual was edited since the beginning of the school year — without even telling the students or having them sign a new contract. As of now I am out of school by choice. I will continue to enter the building every day, but I expect to be turned away every time (which isn’t random is it?). Right now my days are spent on doing research on the matter.
Today I spoke with the principal of my school. He was very respectful and considerate, but as I imagined, it is not his choice to let me in or not. He told me to take it up with Dr. Mayo, the superintendent of schools, which I plan on doing.







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Comments

Posted by: Ariel Agor | September 20, 2006 5:49 PM

Perhaps Louis is just a punk kid being an obstinate bastard. But, even if that is the case he is a punk kid and an obstinate bastard who is right! Louis will win his battle and his schools administration will loose. Will it have been worth his time, effort and days of lost education? He will probably learn more about this society and the way in which it works than he could have ever have learned had he not rebelled against the ineptitude that is his schools administration. And if they are trying to administer safety at the cost of freedom they will fail. I applaud Louis Brenner and all that he is doing not only for himself but every American, even the administration which is the only thing standing between him and his formal education.

Posted by: Yair Minsky | September 21, 2006 9:35 AM

I think one should separate out the issues here:

1. Practical: Does Louis' 80% argument against the effectiveness of the searches make sense?
2. Principle: Does his principled argument about the constitutionality of the searches hold up?
3. Educational: Is it worth the time and effort, for Louis and for his community, to debate this?


These are my answers:


1. Louis' argument does not hold water at all. Random searches can be very effective because they deter those who would bring in weapons, to whom a 20% chance of discovery is not worth taking. One can debate the practicalities further -- what percentage makes the most sense, what other techniques can enhance effectiveness. But there is no coherent argument that says only 100% searches can be effective.


2. I have no expertise in constitutionality, so I don't really know. It seems to me that we submit to lots of such searches as a matter of course, particularly at airports. I suppose the main difference is that those are more or less voluntary (although practically speaking sometimes you have to fly somewhere). School is mandatory for minors, which changes the situation, but on the other hand minors do not have exactly the same rights as adults -- or else we would all have sued our parents at the age of 13 and won. There is also the serious issue of what to do when your right to privacy infringes on my right to safety. Society must balance between these things, and it is not easy; witness the huge battles over such issues at the federal level.

3. Here I think Louis is absolutely on the right track. If he engages his school and his friends on this issue, and it is discussed openly and thoughtfully, then he and everyone else involved will learn a lot. So kudos to Louis for having the guts to stand up.

Finally I want to express my sadness that this is even an issue. The fact that New Haven faces so much violence among young people as we have seen this summer is the real problem and we should not let it escape our notice. While Louis and his fellow students ponder the rights of the adults around them to set up metal detectors, let them also ponder what it is about their environment and their own behavior that has contributed to this situation. And let us ponder it too.

Posted by: Louis Brenner | September 21, 2006 9:09 PM

Ariel Agor, thank you very much for your support but if there one thing I am not, its "obstinate". You are absolutely right that I have learned more during this process than I have learned since I started school at the end of the summer. Every day that I get sent home I take the city bus because I want to see what the real world thinks about my position. I respect every single opinion that comes before me and listen very carefully. In class, most the time I take the minorities side regardless of my true opinion. I am also the first person to admit when I wrong and I all my actions over very carefully (in fact I cannot stop thinking about this matter - it haunts me). Now you call assume I am a "punk as bastard" and I am not offended by your assumption, but Gene Coggio or any one of my peer/teachers will tell you, I am not. I am just not scared to fight what I believe is true.
You said that I will win my battle, and I hope you are correct in saying so, but the sad part is, many people are against me. Not because they have thought it through and believe what the school is doing is the right, but because a great majority of the students are "sheeple". They take whatever their parents and/or authority members say to them and never process it for themselves. Out of the 4 dozen kids that I have spoken to only so many as the number of fingers I have on two hands actually knew what the 4th amendment states. I have also spoken to adults about it (as I said on the bus) and many fumble the same. The government takes as much advantage as they can, and if we don’t defend ourselves, they will continue to. Just think of all the taxes that have been implemented on us during war time, said to expire after the fact - but yet have never been revoked.

Now Yair Minsky, do you truly believe that a 20% chance of getting caught is enough to stop a premeditated murderer? Regardless of the media, it is EXTREMELY rare for anyone to truly be killed for no reason at all. Granted there are cases where citizens have been caught in cross fire, but that is as rare as a plane falling out of the sky. It is my belief (even though I have no hard proof) that people are killed for a reason. No matter how sick a person is, if they premeditate murder, they are aware of the consequences and feel the death is enough justice for them. I believe that if a kid is going to get killed (maybe he wants to kill his bully) he IS going to get killed regardless of what we do. Does it make a difference if the kid dies on the street or in an empty hallway in school? I don’t think so, a death is a death.
Also, if the kid does have a gun, and is caught on that 20% margin, he can just refuse the search, go home and try again next time.
I thank you all for your opinions though.
Plese continue to show the article around. I do not want it to die.

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