Spencer v. Kemna, 523 U.S. 1, 24 (1998)

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24

SPENCER v. KEMNA

Stevens, J., dissenting

that an interest in vindicating one's reputation is constitutionally insufficient 4 to qualify as a "personal stake in the outcome." 5 Indeed, in light of the fact that we have held

4 While an individual may not have a "property" or "liberty" interest in his or her reputation so as to trigger due process protections, Paul v. Davis, 424 U. S. 693, 712 (1976), that question is obviously distinct from whether an interest in one's reputation is sufficient to defeat a claim of mootness.

5 As we have stated: "[T]he individual's right to the protection of his own good name 'reflects no more than our basic concept of the essential dignity and worth of every human being—a concept at the root of any decent system of ordered liberty.' " Gertz v. Robert Welch, Inc., 418 U. S. 323, 341 (1974) (quoting Rosenblatt v. Baer, 383 U. S. 75, 92 (1966) (Stewart, J., concurring)); see also Milkovich v. Lorain Journal Co., 497 U. S. 1, 12 (1990) (" '[H]e that filches from me my good name/Robs me of that which not enriches him, And makes me poor indeed' " (quoting W. Shakespeare, Othello, act III, sc. 3)); Paul v. Davis, 424 U. S., at 706 ("The Court has recognized the serious damage that could be inflicted by branding a government employee as 'disloyal,' and thereby stigmatizing his good name"); Wisconsin v. Constantineau, 400 U. S. 433, 437 (1971) (emphasizing the importance of "a person's good name, reputation, honor, [and] integrity"; holding that respondent was entitled to due process before notices were posted stating that he was prohibited from buying or receiving alcohol); In re Winship, 397 U. S. 358, 363-364 (1970) ("[B]ecause of the certainty that [one found guilty of criminal behavior] would be stigmatized by the conviction . . . , a society that values the good name and freedom of every individual should not condemn a man for commission of a crime when there is reasonable doubt about his guilt"); Wieman v. Updegraff, 344 U. S. 183, 190-191 (1952) ("There can be no dispute about the consequences visited upon a person excluded from public employment on disloyalty grounds. In the view of the community, the stain is a deep one; indeed, it has become a badge of infamy").

Indeed, vindicating one's reputation is the main interest at stake in a defamation case, and that interest has always been held to constitute a sufficient "personal stake." See, e. g., Paul, 424 U. S., at 697 ("[R]espondent's complaint would appear to state a classical claim for defamation actionable in the courts of virtually every State. Imputing criminal behavior to an individual is generally considered defamatory per se, and actionable without proof of special damages"); Gertz, 418 U. S., at 349-350 ("We need not define 'actual injury' . . . . Suffice it to say that actual injury is not limited to out-of-pocket loss. Indeed, the more customary

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