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.
Note that there are several possible positions that could be taken with respect to the incorporation debate. First, one could argue that the Fourteenth Amendment (either through the P & I Clause or the Due Process Clause) made the specific provisions of the Bill of Rights enforceable against the states and no more.This was the view argued for by Justice Black.ntroduction The debate over whether the Fourteenth Amendment makes applicable against the states all of the protections of the Bill of Rights is one of the most important and longest-lasting debates involving interpretation of the U. S. Constitution.