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Wisconsin v. Constantineau

• 1970 • 400 U.S. 433 • Burger Court
In the case of Wisconsin v. Constantineau (1970), the U.S. Supreme Court ruled that a Wisconsin statute was unconstitutional because it violated due process rights under the Fourteenth Amendment. The law allowed public posting of names of individuals who were excessive drinkers, thereby prohibiting them from purchasing or consuming alcohol without providing an opportunity for those named to challenge such accusations in court. The case arose when Mrs. Constantineau's name was posted at local...Open Case
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Chief Burger Court
Term: 1970
Docket: 95
400 U.S. 433
91 S. Ct. 507
27 L. Ed. 2d 515
1971 U.S. LEXIS 90
Argued: Dec 10, 1970

Wisconsin v. Constantineau

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Opinion Summary
AI Abstract

In the case of Wisconsin v. Constantineau (1970), the U.S. Supreme Court ruled that a Wisconsin statute was unconstitutional because it violated due process rights under the Fourteenth Amendment. The law allowed public posting of names of individuals who were excessive drinkers, thereby prohibiting them from purchasing or consuming alcohol without providing an opportunity for those named to challenge such accusations in court. The case arose when Mrs. Constantineau's name was posted at local liquor stores by city officials, effectively banning her from buying alcohol for one year based on claims she had become a habitual drunkard and disturbed peace and order in her community - allegations she denied vehemently but could not contest legally under existing state law. The Supreme Court held that this action constituted defamation by government authorities which damaged her reputation and deprived her of liberty interests protected by the Constitution; thus, procedural safeguards including notice and hearing must be provided before such actions can be taken against any individual.

Dissent Summary
AI Abstract

In the dissenting opinion for Wisconsin v. Constantineau, Justice Black argued that due process was not violated by the public posting of a notice prohibiting the sale or gift of alcohol to an individual deemed a habitual drunkard. He contended that this action did not constitute deprivation of any liberty or property rights protected under the Fourteenth Amendment. Instead, he viewed it as part of Wisconsin's police power to protect health, safety and morals - powers traditionally recognized in American law. Furthermore, he believed there were sufficient safeguards against arbitrary state action since notices could only be posted after investigations and determinations by local officials who are accountable to their communities through democratic processes.

Opinion written by Justice WODouglas
Decided: Jan 19, 1971
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Argued: Oct 05, 2026
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