[misc.legal] What a load of crap!

cok@psuvm.bitnet.UUCP (11/05/87)

mading@puff.wisc.edu (Eric Mading) gibbers anthropoidally:
     
>Summary: sports is not the only life for someone
     
     
>>. . .First, you assume the burden should be on the
>> *accused* instead of the *accusor*.
     
>If anyone wants to be an athlete or an actor, entering these fields is
>implied consent that they agree to a drug test, much like the implied
>consent law for those who drive.
     
You are really stretching the bounds of logic here.  The reasoning behind
implied consent is that people must not drive under the influence of drugs
(legal or illegal), because this threatens the lives of others.  There is no
inalienable right to risk the lives of others.  Thus, the test keeps drivers
within the bounds of their rights.  Implied consent violates no rights.
Implied consent laws for actors and athletes makes no sense:  it discriminates
against certain classes, and constitutes a search-and-seizure with no due
cause for suspicion.  Your argument amounts to a pile of shit.
     
[Second-hand quotes deleted]
     
>The testee will be told of anything known to give false positive results.  If h still takes those substances before a drug test, it
>tests positive.  And he will have enough warning before the first test
>so that if he took any of those substances, they would not be measurable
>when he takes the test, unless he took them or illegal drugs between
>the time he was told about the test and the test.
     
Currently, not everything known to give false test results is even KNOWN.
Substances which cause test-positive results are not even the only cause of
ambiguity.  Any moron can see that drug testing is just plain shitheaded.
The American Medical Association, who are supposedly paid to know about these
sort of things, stated that drug testing should NOT be instituted in any
widespread way.  Of course, this sort of thing gets a thirtieth page notice in
something like _The_New_York_Times_, while the latest Nancy Reagan bullshit
propaganda gets headlines.  Drug testing is against all medical logic, all
Constitutional logic, and all the facts.  It is JUST PLAIN STUPID.
     
[Stuff I am not disputing deleted]
     
>>Even if such a standard were to be upheld on constitutional grounds, I could
>>easily see the tort cases stemming from this - after all, what happens when
>>you *destroy* the life of a 20 year old athelete?  Given the salaries
>>currently, my guess is you severely damaged him and a court would recognize
>>that.
>There are more options open to a 20-year old than profesional sports or
>Hollywood.  Besides, there is no guarantee he would stay healthy to be-
>come a millionare.  Most professional athletes earn only $350,000 in
>their carreer, and most actors are paid the same as a factory worker.
>Consider that most computer scientists are paid $1.6 million in their
>career.
     
That's just a fucking work of genius, Mading.  Tell a half-uneducated
seven foot six basketball player to become a computer scientist.  I'm sure
he'll really appreciate the advice.
     
[Note:  I am not making a generic statement about basketball players here;
only stating that a basketball, football, or soccer player just perhaps might
not have a career in computer science to fall back on if some faulty drug test
ruins his career.]
     
All right.  Say, for instance, you were deprived of your computer science
career because massive drug testing was instituted among computer science
majors (an implied consent sort of thing).  You somehow got a positive result.
I suppose you'd fall back on the football option and become a professional
athlete.
     
>Eric Mading
>Computer Science Department
>University of Wisconsin-Madison
     
[Standard disclaimer he includes so UWM doesn't sue him deleted.]
     
Just another remark about how great drug testing is:  last summer on National
Public Radio I heard about a charge levelled against a company involved in
drug testing.  The charge:  the lab technicians were doing "sink tests."
I. e. They dumped the samples down the drain and made up the results.
     
Don't call me to task for that, because I'm unsure about its credibility.
     
cok%psuvma@psuvax1.psu.edu
cok%psuvma@psuvax1.uucp