Thursday, October 24, 2024

Pa Constitution - right to reputation

In re 30th County Investigating Grand Jury – Pa. Supreme Court – 10-24-24

https://www.pacourts.us/courts/supreme-court/court-opinions/

 

Individuals’ “inherent and indefeasible” right to their reputation is enshrined in the Pennsylvania Constitution. PA CONST. art 1, § 1 (“All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property 

and reputation, and of pursuing their own happiness.”). 

 

This Court has been clear that the right to reputation is not some lesser right but, rather, a fundamental constitutional entitlement on the same plane as the rights to life, liberty, and property. Fortieth I, 190 A.3d at 573 (citing Am. Future Sys., Inc. v. Better Business Bureau of Eastern Pa., 923 A.2d 389, 395 n.7 (Pa. 2007)). See also Driscoll v. Corbett ̧ 69 A.3d 197, 210 (Pa. 2013) (acknowledging the right to reputation as among the foundational freedoms); R. v. Commonwealth Dep’t of Public Welfare, 636 A.2d 142, 149 (Pa. 1994) (this Court regards the right to reputation “as a fundamental interest which cannot be abridged without compliance with constitutional standards of due process and equal protection.”) (citations omitted)).