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 | | However, it did so in the face of what it called “fundamental principles” including “the right to sue and defend in the courts,” which “in an organized society is the right conservative of all other rights, and lies at the foundation of orderly government.” The Court recognized that access to justice is a fundamental right. |
 | | Explicitly recognized to be of this “fundamental nature” and therefore made immune from state invasion by the Fourteenth, or some part of it, are the First Amendment’s freedom of speech, press, religion, assembly, association, and petition for redress of grievances. |
 | | The Court explained the fundamental essentiality of requirements of notice and opportunities to be heard, not only because it is a fair process of decisionmaking, but because “fairness can rarely be obtained by secret, one-sided determination of facts, decisive of rights. |
| www.wsba.org /atj/committees/jurisprudence/civgid.doc (15896 words) |
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