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 the Ninth Amendment to the _riswold holding. !J__ at 1107-1108o
 An area of adjudication which has proven particularly
 favorable to Ninth Amendment developments involves the issue of
 school dress and grooming codes. Few state court cases have been
 litigated because of the preference of student's counsel for
 federal courts° This is partly attributable to the traditional
 reluctance of state courts to hold that school regulations are
 beyond the authority of the local school board.
 The Supreme Court has denied review in two decisions which
 upheld the asserted right as protected by the Ninth Amendment,
 B reen v. Kahl, 419 F.2d 1034 (7th Cir. 1969)_ cert. deniedr 398
 U°S. 937 (1970); Olff v. Eas< Side Union l!_/_b___choob 305 F.
 Supp. 557 (Calif_ 1969), rev'd 445 F_2d 932 (9th Cir. 1971)_
 cert. denied, 404 UoS. 1042 (1972). In Olff v. East Side ____q!!
 High idol, Justice Douglas dissented_ noting Lhe irreconcilable
 conflict in federal court decisions. Encouraging the Supreme
 Court to decide the issuer he stated:
 The word _liberty _' is not defined in the
 Constitution° But as we held in
 Griswold...it ir_cludes at least the
 fundamental sights reLai__ the Nin__h
 Amendmento..safg_uarding the richts of
 p_grsonal tastgo One's hair style, like one's
 taste for clothings or one's liking for
 certain kinds of musicf artr reading,
 recreation, is certainly fundamental in our
 constitutional scheme--a scheme designed to
 keep government off the backs of people.
 404 U.S. i042_ 30 L. Ed. 736, 737 (emphasis added).
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