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TSSAA v. Brentwood Brief (arguments for Brentwood)

Essay specific features

 

Issue:

Miscellaneous

 

Written by:

Robert R

 

Date added:

August 28, 2011

 

Level:

University

 

Grade:

B

 

No of pages / words:

10 / 2568

 

Was viewed:

1037 times

 

Rating of current essay:

 
Essay content:

Also, and central to the purposes of this brief, for Brentwood to qualify for protection under the First Amendment, TSSAA must be deemed a "state actor." Second, did TSSAA violate Brentwood's Fourteenth Amendment right to due process? On its substantive due process claim, Brentwood has failed to prove, at the 2006 Sixth Circuit Court of Appeals, that TSSAA "maliciously and intentionally abused [its] state authority in order to injure" Brentwood...
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On its procedural due process claim in the same court, Brentwood has successfully proven that TSSAA deprived the school of property or liberty interest?namely the $3,000 fine?without giving Brentwood due notice or an opportunity to be heard. While TSSAA denies Brentwood's allegations that TSSAA is not a "state actor," it says that even if it was, the voluntary contract under which it was engaged with Brentwood keeps the issue from being constitutional and does not imply Brentwood's protection under the First and Fourteenth Amendments...
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