Unit 2; 14th Amendment and due process clause in 1st - 4th Amendment cases

Due process

Enshrined in the Fifth and 14th Amendments, requires the government to provide a person with notice and an opportunity to make their case in court before depriving them of life, liberty, or property.

• Due process protects us from the arbitrary exercise of government power

Selective Incorporation

Legal doctrine where the U.S. Supreme Court applies the protections of the Bill of Rights (which was initially intended for the federal government) to state governments on a case-by-case basis.

• This process, primarily through the Fourteenth Amendment's due process clause, ensures that states cannot infringe upon fundamental individual liberties guaranteed by the Constitution.

Gitlow v. New York

The Court ruled that the First Amendment does indeed apply to states through the Fourteenth Amendment's due process clause, but also upheld Gitlow's conviction for violating a New York law criminalizing the advocacy of overthrowing the government.

• established the principle of "incorporation," making certain Bill of Rights protections applicable to states, while also introducing the "bad tendency test" for evaluating speech restrictions

Hustler Magazine v. Falwell

Supreme Court ruled that public figures cannot recover damages for emotional distress caused by parodies of them, even if the parody is offensive and outrageous, unless they can prove the parody contained a false statement of fact made with actual malice.

• The Court emphasized the importance of protecting even offensive speech under the First Amendment

Texas v. Johnson

Supreme Court ruled that burning the American flag as a form of political protest is protected speech under the First Amendment.

• despite being offensive to many, constituted symbolic speech and could not be prohibited simply because some found it offensive

Mcdonalds v. Chicago

Supreme Court ruled that the Second Amendment's right to bear arms for self-defense applies to state and local governments, not just the federal government, through the Fourteenth Amendment's Due Process Clause.

• incorporated the Second Amendment, making it applicable to state and local laws, not just federal ones