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The Due Process Clause of the Fifth Amendment applies to the Federal government and the Due Process Clause of the Fourteenth Amendment applies to the States. They prohibit the deprivation of life liberty or property without due process of law. An issue involved the use of the name and imagery of the Seminoles by FSU. The NCAA found the use hostile and abusive and placed restrictions on their use at NCAA events (the NCAA later reversed its position.) One issue is: did the NCAA provide sufficient notice and the opportunity for a hearing before their action? But there is a threshold issue that should be addressed first and possibly render the other issues moot. The threshold issue is: does the NCAA even have to afford its members procedural due process?


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