Connecticut Dept. of Public Safety v. Doe
Encyclopedia
Connecticut Dept. of Public Safety v. Doe, 538 U.S. 1 (2003), was a case before the United States Supreme Court regarding the constitutionality of the Connecticut
sex offender registration
requirement which required public disclosure of information on sex offender
s after they had been released from incarceration.
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
.
The website contained the following disclaimer:
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.
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.
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
sex offender registration
Sex offender registration
Sex offender registration is a system in various states designed to allow government authorities to keep track of the residence and activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions , information in the registry is made available to the...
requirement which required public disclosure of information on sex offender
Sex offender
A sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and by legal jurisdiction. Most jurisdictions compile their laws into sections such as traffic, assault, sexual, etc. The majority of convicted sex offenders have convictions for crimes of a...
s after they had been released from incarceration.
Circumstances
A state statute required Connecticut'sConnecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
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
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
website
Website
A website, also written as Web site, web site, or simply site, is a collection of related web pages containing images, videos or other digital assets. A website is hosted on at least one web server, accessible via a network such as the Internet or a private local area network through an Internet...
and to make the registry available to the public
Public
In public relations and communication science, publics are groups of individuals, and the public is the totality of such groupings. This is a different concept to the sociological concept of the Öffentlichkeit or public sphere. The concept of a public has also been defined in political science,...
in specific state offices, as Connecticut's version of Megan's Law
Megan's Law
Megan's Law is an informal name for laws in the United States requiring law enforcement authorities to make information available to the public regarding registered sex offenders. Individual states decide what information will be made available and how it should be disseminated...
.
The website contained the following disclaimer:
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
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
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
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
because registrants were not provided Doe with a hearing prior to the public disclosure.
Issue
The Supreme Court granted certiorariCertiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
to determine whether the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
was correct in enjoining the public disclosure of Connecticut’s sex offender registry.
Decision
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.See also
External links
- 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.