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.
Due Process Clause, Equal Protection Clause, and Disenfranchising Felons. The Due Process Clause of the Fourteenth Amendment is exactly like a similar provision in the Fifth Amendment, which only restricts the federal government. It states that no person shall be âdeprived of life, liberty, or property without due process of law.â Usually, âdue processâ refers to fair procedures. However, the Supreme Court has also used this part of the Fourteenth Amendment to prohibit certain practices outright. For instance, the Court has ruled that the Due Process Clause protects rights that are not specifically listed in the Constitution, such as the right to privacy regarding sexual relations.