norml21 - Page 43
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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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