Board of Regents of State Colleges v. Roth
408 U.S. 564 (1972)
Roth was hired on a one-year
contract as a professor at Wisconsin State University. When the year was
up, he was told his contract wasn't going to be renewed.
The school did not give him
a reason for why they weren't rehiring him, and did not provide any
opportunity to challenge his dismissal.
Roth believed he wasn't
rehired because he had made public statements critical of the school.
Roth sued, claiming that he
had been denied procedural due process,
as guaranteed by the 14th Amendment, because he
wasn't given a hearing to challenge his dismissal.
Since it was a State school,
it was technically a government job, which allowed Roth to sue for due
process claims.
The US Supreme Court found
that Roth was not constitutionally entitled to a hearing.
The US Supreme Court found
that in order to require procedural due process, a person must show that they were denied a liberty
interest or a property
interest.
In this case, the Court
found that Roth had no property interest in the job because he didn't have a 'right' to work for the
school, it was only a 'privilege'.
Roth was not entitled to keep his job, so he lost nothing by being
dismissed.
The Court noted that property
interests are not normally created
by the Constitution, but they are created by an independent source such
as State Statutes or rules entitle a citizen to certain benefits. In
this case, there was nothing in State law that said Roth had any right
to keep his job.
The Court also found that
Roth had not been denied any liberty interest because he was free to seek other employment
and had no stigma or disability because of not being rehired.
Compare to Goldberg v.
Kelly (397 U.S. 254 (1970)), which
found that people are entitled to welfare payments, and therefore it is a
denial of procedural due process to change their benefits
without a hearing.
The courts have been
inconsistent on what exactly defines a property interest, but a good rule of thumb is whether there is
"a reasonable expectation to continued receipt of a benefit."