Teen Screen was developed
by Dr. David Shaffer, known for his connections to the pharmaceutical industry[i] and Columbia University. Many watchdog groups opposed the use of
mental health screening programs and viewed them as marketing opportunities for
drug manufacturers.[ii]
[iii] [iv] It was proven that these mental health
screenings were conducted on minors without parental consent. In 2005, Teen Screen became the subject of a
lawsuit in Indiana filed by parents who objected to the “passive consent”
procedure.[v] [vi] The Rutherford Institute, a non-profit civil
liberties organization, criticized the use of "passive consent," by
which parents who do not want their children screened needed to sign a form and
send it in to the school. If the school
does not receive a form, it is assumed that the parents do not object. In June 2006, after the lawsuit, Teen Screen
changed their consent procedures to require active parental consent, but
offered incentives such as movie tickets and gift vouchers to students to
encourage participation. In situations
where neither parent is accessible (i.e., in teen shelters or the juvenile
justice system), passive consent (parental consent assumed if not explicitly
denied) would suffice. Teen Screen led
to massive drug use with children in the foster care and juvenile justice
system where there was scant oversight or protections for human rights.
The Fourth Amendment to our
Constitution guarantees our citizens the right to protection from unreasonable
searches and seizures, a right that extends to all citizens regardless of their
age. There were several important Supreme
Court Decisions regarding whether children could be tested for drugs by schools:
1) Vernonia School District v. Wayne Acton [vii]
2) Board of Educ. of Independent School District No. 92 of Pottawatomie County,
Oklahoma Petitioner v EARLS.[viii]
In 1995 by a 6-3 decision
in Vernonia School District v. Wayne Acton the U. S. Supreme Court decided that
because public school athletics are susceptible to injuries, their right to
Fourth Amendment protection could be waived in order to protect them from the
added dangers of illegal drug use. The court gave schools the right to require
suspicionless drug testing. Before
making it to the Supreme Court the issue made it to the Federal Appeals
Court. At the appeals court Veronia had
submitted as their expert witness Dr. Robert L. DuPont, Jr. Dr. DuPont is the founding director of the National Institute on Drug Abuse (NIDA)
and the second White House Drug Czar. It
was Dr. DuPont's NIDA that administered a $ 1 million grant to The Seed -
Straight's predecessor program. Later
Dr. DuPont became a paid Straight consultant and was an expert witness for
Straight in several civil trials. DuPont
became chairman of the scientific advisory board for Psychemedics - the world's
premier hair testing drug program. The Drug Free America Foundation (DFAF) is a
leader in establishing national and international drug policy and lobbying
successfully for its own interests.
Board of Educ. of
Independent School District No. 92 of Pottawatomie County, Oklahoma Petitioner
v EARLS by a decision of 5-4, the U.S. Supreme Court extended suspicionless
drug testing beyond the scope of the Veronia decision to include suspicionless
drug testing of any student involved in any extracurricular activity in a school. The court decided that ‘schools' interest in
ridding their campuses of drugs outweighs an individual's right to
privacy. The justices were aided in their
decision process by an Amicus Curie (friends of the court) brief that had been
filed with the court and signed by a large number of individuals prominent in
American drug policy, many of whom had relationships with DFAF.
These are the important players in the legal battle to maximize profit by drug testing teens. Look at this legal case about mandatory teen screening in schools and then referring those teens to drug treatment. The legal case is: BOARD
OF EDUC. OF INDEPENDENT SCHOOL DIST.
NO. 92 OF POTTAWATOMIE COUNTY, OKLAHOMA Petitioner, v. EARLS. June 27,
2002
These are the signers of the
Amicus brief in support of drug testing.
The signers include: Drug Free America Foundation (DFAF); Robert
DuPont who is on DFAF's advisory
board; Peter Bensinger (Peter Bensinger
is former head of the DEA and is the business partner with Robert
DuPont); Julie Murdoch, Esq. (an employee with
Bensinger, DuPont & Associates);
Bensinger DuPont & Associates, Bethesda, MD; Institute for Behavior
& Health,
Bethesda, MD (another Robert DuPont company); Institute on Global Drug
Policy
(a division of DFAF); Eric Voth, MD, Topeka, KS (but Dr. Voth is
the director of DFAF's Institute on
Global Drug Policy); Ambassador Melvyn
Levitsky who has co-authored an article on drug policy with Dr. Eric
Voth; Donald Ian Macdonald, M.D. (Straight's former
national research director turned White House Drug Czar); Stephanie
Haynes of Save
Our Society From Drugs TM, (but SOS is a
Betty Sembler foundation); Legal
Foundation Against Illicit Drugs (an organization founded by Calvina
Fay,
executive director of DFAF, and others);
Otto Hauswirth, M D, of the International Scientific and Medical Forum
on Drug Addicts (DFAF's Calvina Fay is director the International
Scientific
and Medical Forum on Drug Abuse); Carolyn Burns, of Louisville, KY.
DFAF's
Calvina Fay is a board member and past president of Drug Watch
International (DWI). DWI or its International Drug Strategy
Institute division includes or has
included Robert L. DuPont and Peter Bensinger, Straight's former
national
research director Donald Ian Macdonald, Straight's former national
clinical
director Miller Newton and Straight-Springfield's former research
director Dr.
Richard Schwartz, MD. Straight's former national executive director Bill
Oliver
is an Honorary Advisor for DWI (he also became director of parent
training for
P.R.I.D.E.). Joyce Tobias, formerly
acting secretary for DWI, used to be a very active Straight parent.
Alex Romero, a DWI board member, and Nancy Starr, a DWI delegate, were
signers.
And, of course, the Drug and Alcohol Testing Industry Association (DATIA) was a signer. You may see the brief itself at this
website: http://www.datia.org/resources/amicusbrief.htm.
The Drug Free America
Foundation has positioned itself as a leader in establishing national and
international drug policy. Straight Foundation, under its new name, DFAF
co-sponsors The Drug and Alcohol Testing Industry Association (DATIA) workshops.
According to PublicIntegrity.org, more than a third
of pharmaceutical companies' resources go into promotion and marketing. /
Pfizer $16.90 billion in marketing and
only $7.68 billion in research & development Glaxo Smith Kline $12.93
billion marketing and only $5.20 billion research & dev. Sanofi-Aventis
$5.59 billion $9.26 billion
Annually, the industry
spends nearly twice as much on marketing as it spends on research and
development, although drug companies report neither total precisely. Various
news reports estimate that the industry spent anywhere between $30 billion to
$60 billion on marketing in 2004. The trade group PhRMA estimates its members
spent $39 billion on R&D that year. As this information shows, the same
year, 11 major companies reported spending close to $100 billion on marketing,
along with administrative expenses not categorized separately. Those companies
reported spending $50 billion on R&D.
In 2004, Pfizer spent almost $120 million for media ads for Lipitor, the
world's number-one selling prescription drug, while companies promoting
erectile dysfunction treatments Viagra, Levitra and Cialis spent $425 million.
Direct to consumer advertisement has also grown significantly: from $791 million
in 1996 to $3.8 billion in 2004.
[iii] Breggin, Peter,
Dr. Peter Breggin PhD Psychologist, International Counselors, Social
Workers, Psychiatrists, Psychologists, &
Educators, ICSPP.org, http://www.icspp.org/ Dr.
Breggin's 40-year effort to expose the scientific and ethical hazards of
biopsychiatric theory and practices including psychiatric diagnoses, drugs, and
ECT. And second, to encourage and inspire humane and ethical empathic
social services and therapies that assist individuals and families toward
better and more successful lives without the harmful effects of biopsychiatric
interventions. You can also visit Dr. Breggin's professional page at Breggin.com, www.Breggin.com.
[iv] According to PublicIntegrity.org, more than a third
of pharmaceutical companies' resources go into promotion and marketing.
Company Marketing costs vs costs of Research and
Development
Pfizer $16.90 billion in marketing and
only $7.68 billion in research & development Glaxo Smith Kline $12.93
billion marketing and only $5.20 billion research & dev. Sanofi-Aventis
$5.59 billion $9.26 billion
Johnson & Johnson $15.86
billion $5.20 billion
Merck $7.35 billion $4.01 billion
Novartis $8.87 billion $4.21 billion
AstraZeneca$7.84 billion $3.80 billion
Hoffman La Roche $7.24 billion $4.01 billion
Bristol-Myers Squibb $6.43 billion $2.50 billion
Wyeth $5.80 billion $2.46 billion
Abbott Labs $4.92 billion $1.70 billion
[viii] BOARD OF ED.
OF INDEPENDENT SCHOOL DIST.NO. 92 OF POTTAWATOMIE CTY. V. EARLS (01-332) 536
U.S. 822 (2002), 242 F.3d 1264, reversed. Justice Thomas delivered the opinion of the
Court. The Student Activities Drug
Testing Policy implemented by the Board of Education of Independent School
District No. 92 of Pottawatomie County (School District) requires all students
who participate in competitive extracurricular activities to submit to drug
testing. Because this Policy reasonably serves the School District’s important
interest in detecting and preventing drug use among its students, we hold that
it is constitutional. http://www.law.cornell.edu/supct/html/01-332.ZO.html.