U.S. Supreme Court Upholds "Megan's Law" (Online Sex Offender Registry)

In Connecticut Department of Public Safety et al. v. Doe, the U.S. Supreme Court reversed the Second Circuit's decision that online sex offender registries violate the Due Process Clause of the U.S. Constitution. The respondent, a sex offender subject to this law, argued that under procedural due process, he and those similarly situated were denied a liberty interest where the state refused to grant them an opportunity to contest the fact that they are "currently dangerous". The Court ruled that there is no positive entitlement to a hearing for establishing a fact where the fact is not at issue in a statutory scheme. Registration under the Statute is based purely on past conviction and the current dangerousness of a registrant is not required but disclaimed. The Court held that no liberty interest was being deprived solely by mere injury to reputation or defamation, so the registrants had no procedural due process right to a predeprivation hearing in this case. For a copy of the decision, visit: http://www.supremecourtus.gov/opinions/02pdf/01-1231.pdf.