Connecticut Department of Public Safety v. Doe

Connecticut Department of Public Safety v. Doe
Supreme Court of the United States
Argued November 13, 2002 Decided March 5, 2003
Full case name	Connecticut Department of Public Safety, et al., Petitioners v. John Doe, individually and on behalf of all others similarly situated
Citations	538 U.S. 1 (more) 123 S. Ct. 1160; 155 L. Ed. 2d 98
Case history
Prior	Doe v. Dep't of Pub. Safety ex rel. Lee, 271 F.3d 38 (2d Cir. 2001)
Holding
The Second Circuit's judgment must be reversed because due process does not require the opportunity to prove a fact that is not material to the State's statutory scheme. Mere injury to reputation, even if defamatory, does not constitute the deprivation of a liberty interest.
Court membership
Chief Justice William Rehnquist Associate Justices John P. Stevens · Sandra Day O'Connor Antonin Scalia · Anthony Kennedy David Souter · Clarence Thomas Ruth Bader Ginsburg · Stephen Breyer
Case opinions
Majority	Rehnquist, joined by O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, Breyer
Concurrence	Stevens
Concurrence	Scalia
Concurrence	Souter, joined by Ginsburg

This article is part of a series on the
Sex offender registries in the United States
Legislation Federal Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act Megan's Law Adam Walsh Child Protection and Safety Act International Megan's Law to Prevent Demand for Child Sex Trafficking State Jessica's Law California Proposition 83 (2006) Other PROTECT Act of 2003 Sexually violent predator laws
Constitutionality Constitutionality of sex offender registries in the United States Supreme Court decisions Smith v. Doe Connecticut Department of Public Safety v. Doe
Effectiveness Effectiveness of sex offender registration policies in the United States
Social issues Homelessness Julia Tuttle Causeway sex offender colony Miracle Village Pervert Park Controversial designations as offender Genarlow Wilson Janet Allison Kevin Gillson
Reform activism Alliance for Constitutional Sex Offense Laws National Association for Rational Sexual Offense Laws Women Against Registry - W.A.R. Movement to reform sex offender laws in the United States
v

Connecticut Department of Public Safety v. Doe, 538 U.S. 1 (2003), was a United States Supreme Court case regarding the constitutionality of the Connecticut sex offender registration requirement which required public disclosure of information on sex offenders after they had been released from incarceration.^[1]

Background[]

A state statute required Connecticut's Department of Public Safety (PDS) to collect information gathered from sex offenders who registered into a sex offender registry and publicize it on an Internet website and to make the registry available to the public in specific state offices, as Connecticut's version of Megan's Law.^[1]

The website contained the following disclaimer:

The registry is based on the legislature’s decision to facilitate access to publicly-available information about persons convicted of sexual offenses. [DPS] has not considered or assessed the specific risk of reoffense with regard to any individual prior to his or her inclusion within this registry, and has made no determination that any individual included in the registry is currently dangerous. Individuals included within the registry are included solely by virtue of their conviction record and state law. The main purpose of providing this data on the Internet is to make the information more easily available and accessible, not to warn about any specific individual.^[1]

John Doe, a convicted sex offender who was thereby subject to the law, filed suit in Federal court, claiming that the law violates the Fourteenth Amendment's Due Process Clause. The District Court issued an injunction regarding the law's public disclosure provisions. The Court of Appeals affirmed, concluding that such disclosure did indeed violate the Due Process Clause of the Fourteenth Amendment because registrants were not provided Doe with a hearing prior to the public disclosure.^[2][3]

The Supreme Court granted certiorari to determine whether the United States Court of Appeals for the Second Circuit was correct in enjoining the public disclosure of Connecticut's sex offender registry.^[1]

Opinion of the Court[]

In a unanimous opinion, the Second Circuit Court's judgment was reversed on the basis that due process does not require the opportunity to prove a fact that is not material to the State's statutory scheme. Injury to reputation in itself, even if defamatory, does not constitute deprivation of liberty.^[3]

References[]

Further reading[]

• Wright, Richard G. (2003). "Sex Offender Registration and Notification: Public Attention, Political Emphasis, and Fear". Criminology & Public Policy. 3 (1): 97–104. doi:10.1111/j.1745-9133.2003.tb00026.x.

External links[]

• Text of Connecticut Department of Public Safety v. Doe, 538 U.S. 1 (2003) is available from: Cornell  Findlaw  Justia  Library of Congress  Oyez (oral argument audio) 
• Brief for the Unisted States as Amicus Curiae Supporting Petitioner
• ACLU Brief for the Respondents in Connecticut Dept. of Public Safety v. Doe (10/2/2002)
• Amicus brief in Connecticut Dept. of Public Safety v. Doe - Urging the court to find that governmental dissemination of truthful information about a person does not trigger "due process" requirements.