Under common law, to constitute defamation, a claim must generally be false and must have been made to someone other than the person defamed. Some common law jurisdictions also distinguish between spoken defamation, called slander, and defamation in other media such as printed words or images, called libel. False light laws protect against statements which are not technically false, but which are misleading.
The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law.ourts have viewed the due process clause, and sometimes other clauses of the Constitution, as embracing those fundamental rights that are âimplicit in the concept of ordered liberty.â Just what those rights are is not always clear, nor is the Supreme Court's authority to enforce such unenumerated rights clear.
The due process clause of the Fourteenth Amendment is used by the courts to apply the Bill of Rights to the states.ost sources cite either Chicago, Burlington & Quincy Railroad v. City of Chicago, 166 US 226 (1897) which upheld the Fifth Amendment Takings Clause, or Gitlow v. New York, 26 â¦ 8 US 652 (1925) which held the Fourteenth Amendment required the States to adhere to the First Amendment.