Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in tort law
A reasonable sense of personal worth or self-respect. Offensive bodily contact occurs when it would affront that sense even without physical injury.
2
in constitutional law
The inherent worth and autonomy of the individual. Certain fundamental liberties receive protection because they are central to personal dignity and self-definition.
Each sense below has its own examples, sources, and questions.
Sense 1
1
in tort law
A reasonable sense of personal worth or self-respect. Offensive bodily contact occurs when it would affront that sense even without physical injury.
Sources & Authorities· 1 source
Select any source to read its text and confirm it supports the definition.
Restatements
Examples1
Champagne Toss at Office Party
Deanna Davenport attended a brokerage holiday party. Derek Douglas deliberately flung a glass of champagne into her face and onto her blouse. The liquid struck her skin and clothing, causing brief stinging and humiliation. The contact offended a reasonable sense of personal dignity in a workplace setting.
Frequently Asked1
Does battery require physical injury or only an affront to personal dignity?+
Battery requires only a harmful or offensive contact. Offensive contact exists when it would offend a reasonable sense of personal dignity even if it causes no physical injury or pain.
Supporting sources
Sense 2
2
in constitutional law
The inherent worth and autonomy of the individual. Certain fundamental liberties receive protection because they are central to personal dignity and self-definition.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Cases
Examples5
Critical Signs Near Consulate
Diego Duarte drove a truck displaying signs condemning a foreign government's policies. Local rules barred only those critical signs from a pickup zone outside the consulate while allowing other commercial messages. The selective ban could not be justified by protecting the dignity of foreign diplomats.
Same-Sex Marriage Recognition
Denise Donovan and her spouse married in another state. State officials refused to recognize the marriage for purposes of family benefits and identification. The refusal burdened personal choices central to individual dignity and autonomy.
Knock-and-Announce Violation
Damian Decker's home was searched without officers first knocking and announcing. Police seized evidence during the entry. The violation implicated interests in privacy and dignity, yet exclusion of the evidence was unavailable as a remedy.
Lawyer Price Advertising
Daniel Diaz published a newspaper ad listing routine legal services and fees. State rules banned all lawyer advertising to preserve professional dignity. The blanket prohibition could not rest on paternalistic concerns about dignity.
Custodial Interrogation Setting
Derek Douglas was held incommunicado and questioned without safeguards. The environment was designed to subjugate him to the examiner's will. The atmosphere carried a badge of intimidation destructive of human dignity.
Frequently Asked5
Can the government justify content-based speech restrictions by citing the dignity of foreign diplomats?+
No. A law banning only signs critical of foreign governments near embassies is an impermissible content-based restriction. Protecting the dignity of foreign diplomats does not satisfy strict scrutiny.
Supporting sources
How does dignity support recognition of same-sex marriage under the Due Process Clause?+
The fundamental liberties protected by due process and equal protection include personal choices central to individual dignity and autonomy. These choices encompass defining family relationships and personal identity, including the right of same-sex couples to marry.
Why does a knock-and-announce violation not trigger the exclusionary rule even though it protects dignity?+
The interests protected by the knock-and-announce rule, including dignity, are too attenuated from the evidentiary use of seized items. The high costs of exclusion outweigh any marginal deterrent benefit when alternative remedies exist.
Supporting sources
May states ban truthful lawyer advertising to protect the dignity of the legal profession?+
No. Truthful advertising of routine legal services is protected commercial speech. States may not justify blanket suppression on paternalistic concerns about professionalism or dignity.
Supporting sources
What role does dignity play in Miranda's analysis of custodial interrogation?+
Incommunicado interrogation creates an atmosphere that carries its own badge of intimidation. That atmosphere is destructive of human dignity and inconsistent with the principle that an individual may not be compelled to incriminate himself.
Supporting sources
dignity
and individuality of retarded people. Heightened judicial scrutiny of action appearing to impose unnecessary barriers to the retarded is required in light of increasing recognition that…
Criminal Law & ProcedureConstitutional protection of accused persons · Double jeopardyUBEIntermediate