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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. 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...
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