Active Shoplifters Case Study

1252 Words6 Pages
| |424 U.S. 693 | |PAUL V. DAVIS | | | |Certiorari to the United States Court of Appeals for the Sixth Circuit | | | |No. 74-891…show more content…
The flyer included a photograph of Edward C. Davis III. The respondent appeared on the flyer because on June 14, 1971, he had been arrested in Louisville in a shoplifting charge. He was arraigned on this charge in September, 1972 and entered a plea of not guilty. The charge was filed away which left the charge outstanding. At the time the flyers circulated, the respondent was neither charged guilty or innocent. Shortly after the circulation the charges were dismissed by a judge. Also, at the time the flyers circulated, the respondent was employed by the Louisville Courier-Journal and Times. The respondent’s supervisor became aware of the circulating flyers. Davis employer insisted he get the situation straight or he would be fired. The intent of the flyers was to warn store owners of persons known to be shoplifters because the Christmas shopping season was…show more content…
Burger. The Associate Justices were William J. Brennan, Jr., Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun, Lewis F. Powell, Jr., William Rehnquist, and John P. Stevens. In a 5 to 3 decision, the court held that Davis had not been deprived of any constitutional rights under the Due Process Clause. The Court also emphasized that constitutional privacy interests did not cover Davis’s claims. The Court argued that the constitutional right to privacy was limited to matters relating to “marriage, procreation, contraception, family relationships, and child rearing education.” The publication of records of official acts, such as arrests, did not fall under the rubric of privacy rights. Reputation alone is not constitutionally protected interest. The three justices (minority opinion) disagreed with the findings of the majority. The dissenting opinion reasoned that the decision justified that intrusive action defamed and stigmatized the respondent as a criminal. Justice Brennan, writing for the minority, reasoned an illegitimate and improper enforcement of law that assaulted the constitution (Chicago Kent College of

More about Active Shoplifters Case Study

Open Document