Rejected Roths claim.
Requirements of Procedural Due Process
The requirements of procedural due process
apply only to the deprivation of
encompassed by the Fourteenth Amendment's protection of life,
liberty, and property.
Burden of proof is on the plaintiff.
When protected interests are implicated, the due process clause
is trigger and the right to some kind of prior hearing is
But the range of interests protected by procedural due process
is not infinite.
Determining whether due process requirements apply
Look to the nature of the
interest at stake.
Not attempted to define exactness of liberty
Some things have definitely been stated
Without doubt, it denotes not merely freedom from bodily
restraint but also
the right of the individual to contract,
to engage in any of the common occupations of life,
to acquire useful knowledge, \
to marry, establish a home and bring up children,
to worship God according to the dictates of his own conscience,
generally to enjoy those privileges long recognized . . . as
essential to the orderly pursuit of happiness by free men."
Meyer v. Nebraska, 262 U.S. 390, 399. In a Constitution for a
free people, there can be no doubt that the meaning of "liberty"
must be broad indeed.
Fourteenth Amendment - Safeguard for property interests
The Fourteenth Amendment's
procedural protection of property is a
safeguard of the
security of interests that a person has already acquired in
specific benefits. These interests -- property interests -- may
take many forms.
Welfare benefits - Eligibility is an interest, safeguarded by
procedural due process
Thus, the Court has held that a person receiving welfare
benefits under statutory and administrative standards defining
eligibility for them has an interest in continued receipt of
those benefits that is safeguarded by procedural due process.
Requirement to have a property interest in a benefit
person clearly must have more than
an abstract need or desire for it.
He must have more than a unilateral
expectation of it.
Legitimate Claim of entitlement which people rely in their daily
He must have a legitimate claim of entitlement to it.
It is a purpose of the ancient institution of property to
protect those claims upon which
people rely in their daily
lives, reliance that must not be arbitrarily
It is a purpose of the constitutional right to a hearing to
provide an opportunity for a person to vindicate those claims.
Property Interest - Welfare recipients created and defined
Just as the welfare recipients' "property" interest in welfare
payments was created and defined by statutory terms.
Property Interest - Teaching job was defined by terms of his
The respondent's "property" interest in employment at Wisconsin
State University-Oshkosh was created and defined by the terms of
The terms secured his interest in employment up to June 30,
The terms specifically provided the employment was to terminate
on June 30.
They did not provide for contract renewal absent "sufficient
The terms secured absolutely no interest in re-employment for
the next year.
They supported absolutely no possible claim of entitlement to
Abstract Concern - Being rehired - No a property interest
In these circumstances, the respondent surely had an abstract
concern in being rehired, but he did
not have a property interest sufficient to require
the University authorities to give him a hearing when they
declined to renew his contract of employment.