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 or is one of those rights deemed fundamental
 but not the subject of an express guarantee,
 is of little moment° If the personal liberty
 of choice in education is constitutionally
 protected, the state must show a compelling
 state interest for restricting it_ and the
 restriction may go no further in restricting
 it than is required for the protection of
 that interest.
 Meek vo Pittenct_ 374 Fo Supp. 639_ 652 (E.D. Pa. 1974)r
 modified, 421U.So 349, 55 Lo Ed.2d 217, 95 So Cto 1753 (1975)r
 reh'g denied, 422 U.S. 1049 (1975) (emphasis added).
 Application of this standard to victimless crimes would,
 course, require a sifting of the facts in each case. However, in
 principle, victimless crimes_ as defined supra_ clearly fall into
 the parameters of Ninth Amendment protection. Statutes making
 such victimless behavior criminal thus must be justified by a
 compelling state interest° What interest does the state and
 society have in controlling behavior which does not adversely
 affect persons other than the actor?
 One of the most cogent applications cf Mill's standard was
 made by the Court of Appeals in Kentucky in striking down a
 statute prohibiting the private possession of liquor for
 individual use:
 Man in his natural state has a right to do
 whatever he chooses and has the power to do.
 When he becomes a member of organized
 society, under governmental regulations he
 surrenders, of necessity, all of his natural
 right the exercise of which is, or may be,
 injurious to his fellow citizens. This is

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