norml21 - Page 60

 The freedom asserted by these appellees does
 not bring them into collision with rights
 asserted by any other individuai_ It is such
 conflicts which most frequently require
 intervention of the State to determine where
 the rights of one end and those of another
 begin° But the refusal of these persons to
 participate in the (flag-saluting) ceremony
 does not interfere with or deny rights of
 others to do SOo Nor is there any question
 _oo that their behavior is peaceable and
 orderlyo The sole conflict is between
 authority and the rights of the individual_
 W. Va. Bd. of Edu_o v. Barnett_ef 319 UoS. 624, 630, 63 S. Ct.
 1178 (1943) _
 "There may be narrower scope for operation of the
 presumption of the constitutionality when legislation appears on
 its face to be within a specific prohibition of the Constitution,
 such as those of the first ten amendments, which are deemed
 equally specific when held to be embraced with the Fourteenth."
 United States vo Carolene Products COo, 304 U.S. 144, 152 n. 4,
 58 S. Cto 778 (1938)o Thus, a law which infringes upon a right
 protected by the Ninth Amendment would undergo the same judicial
 scrutiny as one violative of a First Amendment right.
 As one District Court has very cogently expressed it, with
 respect to the freedom to choose in the matter of education:
 Whether that liberty is a corollary of the
 free exercise clause of the first amen_aent
 or is one of Zhe rigi!_< retained h_ the
 p eop__ tP_ Ninth Amendment refers_
 6O