Transcription of Procedural Due Process and Reputational Harm: Liberty as ...
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Procedural Due Process and Reputational Harm: Liberty as ...
Procedural Due Process and Reputational harm : Liberty as Self-Invention Eric J. Mitnick*. The question addressed in this Article is whether state-imposed Reputational harm , in itself, should be deemed a deprivation of Liberty sufficient to trigger Procedural due Process protection. In a sense, this is an odd question to ask. The Supreme Court, more than thirty years ago, clearly responded in the negative, requiring that state-caused stigmatic harm be accompanied by some more tangible loss for a Procedural due Process claim to arise. Despite much critical commentary in the wake of that decision, the Court has since not only affirmed but extended its stigma-plus doctrine. This Article suggests that the stigma-plus standard should be reconsidered for two reasons.
2009] Procedural Due Process and Reputational Harm 81 INTRODUCTION Since the Supreme Court’s 1976 decision in Paul v.Davis, it has been black letter law that reputational harm, standing alone, is insufficient to trigger a constitutional right to procedural due process.1 As a result, the state may act in a way that damages an individual’s
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