| I worry that sitting here and reading the articles which turn up in HN each day that I am getting a very particular impression about life in America. Between this and Kiera Wilmot I feel genuinely horrified. Am I just seeing outliers here? Am I seeing frightening trend where children are needlessly criminalised (Kiera) or willfully (even if well intentioned) manipulated (my interpretation of this survey debacle)? Other things I see include judges imprisoning children to increase revenues in private prison systems they have shares in. How does it feel to actually live there? |
And I don't see how this is an example of kids being "manipulated." At best this is an example of a school district not consulting its lawyer before giving a well-intentioned survey. The purpose was to try and identify kids who needed additional psychological support, not get kids to cop to their drug use so they could be prosecuted.
And you know what? It's not even clear the teacher was factually correct here. The school administrator argued that once the surveys were filled out, they would become student records (which are protected by a law called FERPA). I haven't done a close analysis of the issue, but if FERPA kept the documents from being obtained by the police, there was no 5th amendment privilege against incrimination because there was no real and tangible threat of disciplinary action. Moreover, there was no "custody" by the police which would invoke certain requirements for the purposes of the 5th amendment.
At best, the teacher was teaching his speculation about what is still unsettled law as actual fact about the 5th amendment.