Fourteenth Amendment

Definition

The Fourteenth Amendment is a significant part of the United States Constitution that was ratified in 1868, primarily aimed at guaranteeing equal protection under the law and due process for all citizens. It has become a crucial element in various legal interpretations concerning civil rights and liberties, influencing important court cases that affect free speech, press freedom, and the rights of individuals against government actions.

5 Must Know Facts For Your Next Test

1. The Fourteenth Amendment was passed during the Reconstruction era following the Civil War to address issues related to citizenship and rights for formerly enslaved people.
2. The amendment's Equal Protection Clause has been used in landmark Supreme Court cases to expand civil rights, including Brown v. Board of Education, which declared racial segregation in public schools unconstitutional.
3. The Due Process Clause of the Fourteenth Amendment has been interpreted to apply most of the Bill of Rights to state governments through the doctrine of incorporation.
4. The Fourteenth Amendment also includes provisions regarding apportionment of representatives and limits on the political participation of those who engaged in insurrection against the United States.
5. The amendment is considered a cornerstone of modern civil rights legislation and litigation in the United States, influencing debates around issues like same-sex marriage and affirmative action.

Review Questions

• How does the Fourteenth Amendment influence legal standards regarding public figures and actual malice in defamation cases?
  • The Fourteenth Amendment provides the foundation for evaluating cases involving public figures by ensuring due process and equal protection under the law. The Supreme Court established the actual malice standard in New York Times Co. v. Sullivan (1964) as necessary for public figures to prove defamation. This standard requires that public figures must show that false statements were made with knowledge of their falsity or with reckless disregard for the truth, balancing First Amendment protections with individual rights under the Fourteenth Amendment.
• What role does the Fourteenth Amendment play in discussions surrounding prior restraint and censorship?
  • The Fourteenth Amendment's Due Process Clause plays a critical role in cases involving prior restraint by ensuring that individuals have fair legal protections against government actions that might suppress free speech. Courts often examine whether a law imposing prior restraint on expression is justified and whether it serves a compelling state interest without infringing upon First Amendment rights. This intersection highlights how both amendments work together to protect press freedom while allowing for necessary government regulation.
• Evaluate how the Fourteenth Amendment defines the scope and limits of press freedom in relation to societal interests.
  • The Fourteenth Amendment defines press freedom by establishing that individuals have a right to free speech protected from infringement by state actions. However, this freedom is not absolute; courts must balance it against compelling governmental interests such as national security or public safety. Landmark cases like Brandenburg v. Ohio illustrate how protected speech may still face limitations if it incites imminent lawless action, demonstrating that while press freedom is vital, it must coexist with considerations for societal well-being as outlined in the Fourteenth Amendment.

Related terms

Due Process: A constitutional guarantee that a law shall not be unfair, arbitrary, or unreasonable, ensuring that all legal proceedings will be fair and that individuals will be given notice and an opportunity to be heard.

Equal Protection Clause: A provision within the Fourteenth Amendment that prohibits states from denying any person within its jurisdiction the equal protection of the laws, often used to challenge discriminatory practices.

First Amendment:

An amendment to the United States Constitution that guarantees freedoms concerning religion, expression, assembly, and the right to petition the government for a redress of grievances.