Due process mode of procedure which government agencies must follow Guarantee of procedural fairness law which hears

s before it condemns Proceeds upon inquiry, and renders judgment only after trial Contemplates notice and opportunity to be heard before judgment is rendered, affecting ones person or property

Due process is not always a judicial process Legal controversies may also be decided by administrative bodies Administrative bodies are bound by the due process clause, although not bound by the finer point of judicial process It is a question: whether the body or institution has a judicial or quasi-judicial function that makes it bound by the due process clause Judicial function is synonymous to judicial power authority to settle justiciable controversies or disputes involving rights that are legally enforceable and demandable or the redress of wrongs for violations of such rights; it is a determination of what the law is and what the legal rights of the parties are

Students disciplinary action and rights The proceedings in student discipline cases may be summary Cross-examination is not an essential part Standards to satisfy the demands of procedural due process: 1) Students must be informed in writing of the nature and cause of the accusation 2) Right to answer with the assistance of counsel, if desired 3) Informed of the evidence against them 4) Right to adduce evidence 5) Evidence duly considered by committee

General rule: notice and hearing are not essential to the validity of administrative body acts in the exercise of executive, administrative or legislative functions Exception: public administrative body acts in a judicial or quasi-judicial matter, the person whose rights or property may be affected is entitled to notice and hearing!

REAL OPPORTUNITY TO BE HEARD! Notice and Opportunity to be heard!

DUE PROCESS CLAUSE: PROCEDURAL and SUBSTANTIVE Requirement: reasonableness or absence of exercise of arbitrary power!

POLICE POWER no just compensation Taking may be had when public safety, morals, etc, requires!

EMINENT DOMAIN or EXPROPRIATION Just compensation to the owner Owner cannot use it anymore

LICENSES May be revoked or rescinded any time when public interest demands it; by executive action Not a contract whereby the state cannot extinguish it Does not create a vested right

SECTION 4 ARTICLE III

Speech, expression, press: Every form of expression; oral, written, tape, or disc recorded, movies, symbolic speech (armband as a symbol of protest), and peaceful picketing

Freedom of speech: essential for the search of truth; for democracy to work properly Prior restraint official govt restrictions on the press or other forms of expression in advance of actual publication or dissemination