Also known as: liberty interest
Written by attorneys · grounded in primary & secondary sources — see below
A protected interest arising from the Constitution or positive law that triggers due process protections when the government seeks to deprive an individual of it.
Layla Lane sought to enroll her child in a state-approved virtual history course taught primarily in German to preserve family heritage. The state board rejected the course solely because of the language of instruction. Layla sued, claiming the ban interfered with her protected interest in directing her child's education.
Lance Lee faced a ten-day suspension from public school for alleged misconduct. School officials imposed the penalty without providing notice of the charges or an opportunity to respond. Lance sued, asserting that the suspension deprived him of a protected interest without due process.
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Lamar Lewis's luggage was seized by federal agents at an airport for a drug-dog sniff lasting over ninety minutes. The agents had no warrant and no probable cause to believe the bags contained contraband. Lewis moved to suppress, arguing the prolonged detention infringed his protected interest in personal effects.
Luis Lopez and his wife were denied access to prescribed contraceptives under a state criminal statute. The couple challenged the law after a licensed physician was prosecuted for providing the medication. They claimed the prohibition invaded a protected interest in intimate personal decisions.
Lillian Locke received no renewal of her public college teaching contract and was given no reasons or hearing. She sued the board, alleging that the nonrenewal damaged her reputation and future employment prospects in a manner that implicated a protected interest.
Lucas Lee, a lawful resident, was barred by city ordinance from keeping a handgun in his home for self-defense. He challenged the ban after police seized his registered firearm. Lee argued the restriction infringed a protected interest in armed self-defense.
Liberty interests arise from the Constitution itself or from positive law such as statutes and regulations. The Constitution supplies interests implicit in the word liberty, while statutes or rules can create additional entitlements that due process then protects.
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Liberty interests can arise directly from constitutional guarantees, whereas property interests require a legitimate claim of entitlement created by positive law. Both trigger procedural due process when the government seeks deprivation, but the origins differ.
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No. Only deprivations that impose atypical and significant hardship relative to ordinary life, or that burden fundamental constitutional liberties such as procreation or marriage, trigger due process. Routine prison conditions or minor restrictions usually do not.
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No. Conditioning restoration of civil rights or access to programs on compulsory sterilization or similar irreversible intrusions burdens a fundamental liberty interest and triggers strict scrutiny under both due process and equal protection.
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…own bottom. It is not dependent for its force upon the provisions of the Bill of Rights. The right of privacy is a fundamental liberty interest protected by the Due Process Clause. The Connecticut statute cannot be sustained. Concurring — Mr. Justice White I agree with the result reached by the Court but would rest the…