Michael Barrett, IV v. Donald Claycomb, 705 F.3d 315

Linn State Technical College is a two-year college in Linn, Missouri with about 1,150–1,200 students.
On June 17, 2011, Linn State's Board of Regents adopted a mandatory drug-screening policy for certain students.
The policy stated testing would begin in fall 2011 for new degree/certificate seeking students and returning students.
As a condition of admission, students signed acknowledging the policy and that refusal to screen could lead to withdrawal, with a 45‑day window to rescreen if positive.
Appellees filed suit on September 14, 2011, seeking a declaration of unconstitutionality and a preliminary injunction; the district court granted a preliminary injunction pending appeal, which this court vacated.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Appellees showed likelihood of success on the merits of a facial Fourth Amendment challenge	Appellees; Linn State's policy is facially unconstitutional	Linn State; policy falls within special needs and can be constitutional	Appellees failed to show fair chance of success; injunction vacated

Skinner v. Ry. Labor Executives' Ass'n, 489 U.S. 602 (1989) (public-safety drug testing in safety-sensitive roles)
Von Raab, 489 U.S. 656 (1989) (special governmental needs permit warrantless testing)
Chandler v. Miller, 520 U.S. 305 (1997) (no need for extensive evidence of risk in non-safety context)
Earls, 536 U.S. 822 (2002) (privacy intrusion balanced against government interests in schools)
Wash. State Grange v. Wash. State Republican Party, 552 U.S. 442 (2008) (facial challenges to statutes under Fourth Amendment scrutiny)
Salerno, 481 U.S. 739 (1987) (no set of circumstances test for facial challenges to criminal statutes)
Warshak v. United States, 532 F.3d 521 (2008) (Fourth Amendment facial challenges; as-applied considerations)